军队反恐法制建设研究

A Research on the Military Anti-terrorism Legal System

军队执行反恐怖任务主要以我国缔结和加入的双边和多边国际条约、国际惯例和国家法律为依据,在现有的法律法规中,对军队执行反恐怖任务规定不明确,法律保障不到位。应把军队反恐怖任务纳入法制化轨道,建立贴近实战需要的体制编制,加强信息化和武器装备法规建设,建立贴近实战需要的训练法规制度,为我军遂行反恐怖任务提供充分的法律保障。

The counterterrorism missions by Chinese military forces mainly take the form of bilateral and multilateral international treaties which China joins in, international practice and the laws of the state. Of the existing laws and regulations, there is no clear law and regulation to define these missions or ensure legal guarantee for them. By analyzing the foreign military anti-terrorism legislation, this paper suggests that it is necessary to offer legal guarantee for these military missions on the counterterrorism, to establish a practical system that is close to the real needs, to strengthen the legal construction of the informationalization as well as weapons and equipment supply, to set up the combat training system which is close to the actual missions, so as to provide adequate legal protection for our military counterterrorism tasks.