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Essence,Value and Development of the Military Judicial System

Essence,Value and Development of the Military Judicial System
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摘要 It was generally agreed that the military judicial system is a kind of military system rather than a justice system. It must effectively meet the practical needs of military operation,and of course,emphasize the promotion and maintenance of combat effectiveness.However,after the world war II,the military justice became more similar to the judicial system,more specifically,the military justice tended to be independent from the military power,and became more and more civilian and neutral. According to the Constitution of PRC,the military judicial system is a part of the national justice system. The military judicial system must first satisfy the requirement of the national justice system,and meet the needs of the reality of the military activities,realizing the coordinated unification of military system and national system. It was generally agreed that the military judicial system is a kind of military system rather than a justice system. It must effectively meet the practical needs of military operation,and of course,emphasize the promotion and maintenance of combat effectiveness.However,after the world war II,the military justice became more similar to the judicial system,more specifically,the military justice tended to be independent from the military power,and became more and more civilian and neutral. According to the Constitution of PRC,the military judicial system is a part of the national justice system. The military judicial system must first satisfy the requirement of the national justice system,and meet the needs of the reality of the military activities,realizing the coordinated unification of military system and national system.
作者 Zhu Daokun
出处 《学术界》 CSSCI 北大核心 2017年第10期268-277,共10页 Academics
基金 Ministry of Education,Humanities and Social Sciences Major project,Legal construction of china’s national security(no.16JZD011)
关键词 司法制度 军事行动 价值 作战效能 军事力量 军事活动 协调统一 PRC discipline justice civilization military jurisdiction
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