论执行军事命令之阻却违法

Impediment of Execution of Military Order

执行军事命令阻却违法是罪刑本质和目的的内在要求 ,执行军事命令阻却违法并不妨碍其消极价值的法律责任的实现。执行军事命令阻却违法的必要性 ;“纽伦堡规则”并不彻底否定执行军事命令行为的阻却违法性质 ;能够阻却违法的执行军事命令行为的构成要件及其重大意义。

Whether execution of military order could impede illegality,there is no excusive and definite stipulation in the criminal laws of all countries.The thesis discusses the general principle of impediment of illegality in executing military order;it analyzes that impediment of illegality in executing military order is the inherent requirment of the essence and objective of the crime and punishment; and it points out that impediment of illegality in executing military order does not prevent the realization of its negative-value legal responsibility; and it proves the necessity of impediment in executing military order; and it comments on 'the rules of Nuremberg Trial';and it also expounds the key elements and great significance of the military-order action in constructing the impediment of illegality.