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Research On The Modernization Of Military Legal System Of China

Posted on:2006-08-22Degree:DoctorType:Dissertation
Country:ChinaCandidate:G Y ZhangFull Text:PDF
GTID:1116360155954578Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The modernization of military legal system is necessary for China to get along with the world's military development in modern times. It's a process which takes the modernization of military legal conception as its inner dynamic, the efficiency of military law as its basic symbol, and the modernization of subjects of military force as its essence. It's also a process which includes the modernization of military institutions, military legal conception and military legal operations. Through a historical review and a realistic analysis, and starting from the exposition on its theoretical standpoints, this thesis is to expatiate on the target mode of the modernization of Chinese military legal system. This thesis includes the following four parts. The introduction, beginning with the explanation of "military ruled by law"as the modern strategy to govern military, explains that the basic object of the modernization of military legal system is to establish "military governed by law"; demonstrates that the core value of the modernization of Chinese military legal system is to make military law as the basic regulator of military relations, the mechanism to restrain military power, and the tool to protect the right of the subjects of military forces; and from the perspective of military modernization, analyzes the related issues on the institutional modernization, namely, the institutions about the training of military talent, the behavior of military legal, military equipments, system of military unit frame, military logistics safeguard and military theoretical research. Chapter 1 is about the development of military legal system and its modernization. It reviews the modernization of military legal system in Qing dynasty, the evolvement of the modality of modern military legal system, the development of the military legal system during the time from the new democratism to The People's Republic of China; explores the characters of the traditional and modern military legal system; and starting from differentiating and analyzing such definitions as modernization, legal modernization, modernization of military legal system, advances the definition and the orientation of the modernization of military legal system, that is, the modernization is relative to the tradition, and the modernization of military legal system is the transforming process from tradition to modernization, including the conception and the whole system of military institutions, which go ahead along with responding to, adapting to and driving the development of modern military civilization. This thesis posts that the relation among the military, the national defence and the legal system decides the synchronization development of the modernization of the military and the modernization of military legal system; It explains the modern military law, the influences that the modern military cultural environment the construction of foreign military legal system have on the domestic military, and the jurisprudential premise for the modernization of military legal system. This thesis suggests that the spirit of the modern military legal system manifest as the exterior rationality and the value rationality. The exterior rationality means the operations of military power's abiding by the military law, and the integrality and harmonious of military regulations. The value rationality concerns the freedom, the equality and the rights, which emphasizes the consciousness of right. Chapter 2 is about the theoretical standpoint of the modernization of the military legal system. It confirms the conception of the modernization of the military system, which is based on analysis on the influences of Chinese traditional military legal system, and dissects the conception modes of modern military legal system; explains that democracy and nomocracy are the institutional basis for the modernization of military legal conceptions, and that the nomocracy civilization is the institutional environment for the modernization of military legal conception; considers that the belief in military law is the spiritual figuration of the modernization of military legal system, and thereupon gets to the conclusion that the modernization of military legal conception is the dynamic of the modernization of military legal system. This thesis holds that the efficiency of military law is the expression of the modernizationof military legal system, which incarnates the realization of military law, the judicial rationality of military law, the organizational independence and specialization of military law. This thesis points out that the modernization of the subjects of military force is the core of the modernization of military legal system, explains the particular relating modes between the rights, the incumbencies with the individual of military law, denounces the slant of "obligation standard", emphasizes that the modernization of military legal system can not ignore individual analysis and favor. Still this thesis annotates in detail the military regulations, the modern conception of military legal system, and the operation of the modern military legal system. Chapter 3 is about the target mode of the modernization of military legal system. It holds that the essence of the modernization of Chinese military legal system is to transform the military from the person-ruling mode into the law-ruling mode, and therefore to achieve the target of socialism military governed by law. It is based on the modernization of military institutions, put forward by the modernization of military legal conception, and holds military legislation, military judicature and military administration as its contents.Its realization depends on the modernization of military legal organization, and the guarantee of military legal supervision mechanism as well. This thesis indicates that the modernization of military institutions includes the modernization of its content and form, its validity and grade; while the modernization of the military legal conception includes the military legal mentality, military legal...
Keywords/Search Tags:Modernization
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