论法的逻辑起点——以军事法为例

The Logical Starting Point of the Discussion of Law: Taking Military Law as an Example

军事法的逻辑起点是军事法的基石性范畴,一切军事法的理论体系都是以之构建的,本文意在通过梳理逻辑起点的概念、分析其法理依据从而确定军事法逻辑起点的标准,其次将目前军事法领域对此问题已有的学术观点进行剖析和比较,分析其不足之处,并提出军事法逻辑起点的新探索,将军事行为作为军事法的逻辑起点。军事行为是军事法调整的直接对象,构架起军事理论和军事实际,是军事法运行过程必不可缺的一部分。

The logical starting point of military law is the cornerstone category of military law, and all the theoretical systems of military law are constructed by it. This paper aims to determine the criteria of the logical starting point of military law by sorting out the concept of logical starting point and analyzing its jurisprudential basis, and then analyze and compare the existing academic views on this issue in the field of military law, analyze its shortcomings, and propose a new exploration of the logical starting point of military law, taking military conduct as the logical starting point of military law. Military conduct is the direct object of military law, which is an indispensable part of the operation of military law, framing military theory and military practice.