新体制下的军事立法权配置研究

A Research on the Allocation of Military Legislative Power under the New System

深化国防与军队改革对领导管理体制做出了重大的调整,形成了"军委管总、战区主战、军种主建"及"军委多部门制"的新的军队领导管理体制。这种新的体制对军事立法体系产生影响,由于军事立法主体的改变,如何在新体制下对军事立法权进行配置是需要解决的问题。因此,通过分析军事立法权的相关内容,结合改革前的军事立法权体制,并与外国军事立法权进行比较,试图在当前形势下对军事立法权配置进行构建。

The important adjustment has been reform. It has formed the new military leading made to deepen national defense and military and managing system, which can be summa- rized as. ＂the Central Military Commission administrates the whole; the Theater Command administrates the war; and the Military Services administrate the construction＂ and the many divisions in the Central Military Commission. The new system has impacts on the mili- tary legislation and has led to transformation of the subject. How to allocate legislation pow- er under the new system is a problem to be solved immediately. Therefore, combining the military legislation power system before the reform with the case after the reform, and com- paring foreign system of military legislative power, this article attempts to establish a new military legislative power system with the help of an analysis of the contents under the new situation.