On The Military Power

Based on the examination on the military law study which had been brought into a stalemate for years, the writer pointed out that the most imperative role of Chinese military law study is the renovation of methodology. Firstly, the purport of this thesis is to find the methodology and probe into the logical basis of the whole system of military law. It was said that military power was the pivot of the military law concept system, the legitimacy and validity was the core value of the military law system which should be the basic standards to value all kinds of military laws, and all the above would structure the basic of military law theory.Taking the concept of military power as a pivot, following the guide originated from that concept, examining minutely the correlative essence of three social phenomena—military, power and law,this thesis revealed the content and form of military power, so as to establish the theoretical basis for the theoretical research of the military law system which aims at guaranteeing the accomplishment of national military function. Based on that, taking the core concept of military power as the premise and guideline, the thesis respectively studied the contents, nature, mechanism of the three parts of military power—the power to raise and support armies, the power to declare and perform war and the power of commander-in-chief, and the corresponding mechanism of building-up and controlling/abstaining power. On the style of writing, the thesis set chapters according to the three kinds of military power as a whole. On account of that, the power of commander-in-chief is divvied into the power to command and the power to regulate. There were 7 sections in all.Introduction. Througn the examination on the status quo of military law study, the author pointed out that it was the exigent mission to rethink and renovate the methodology of military law study. Based on some excellent essays...