On The Humanitarian Value Of Military Law

There are many military law's studies in the aspect of bearing military value (national security and the military order), but simultaneously, the military and the war must move toward the civilization, the military law should embody the value of legalization and civilization. In the article, the author viewed with the prospect of humanism and the humanities concern in military law, embarks from the military life, from the serviceman, from the angle of view that human concern themselves, controls the military value and legal value based on the military law and human rationality. Propose the argument that"tract military and law more toward monocracy and civilization."The first part explores the value system of military law on the basis of clarifying theory research on the value of military law. The process of studying the value of military law is still in the exploratory stage, the basic point of contention is"how to choose and build the value system of military law. In the conflict of military value and law value."research at the present stage are always from the original areas of law value, and these scopes contain the law rule of democracy and freedom themselves, making the conflict of how value and military value even more irreconcilable. on the basis of these compared with analysis of general departments'value system constitution and particular value in the military field, the author believes that the research on the value of military law from dual perspective of military and law, not only should be on military activates and military social reality, but also take into account the technical characteristics of the law and tendency of human rationality. The author believes that"military justice","military order"and"humanitarian"constitutes the value spectrum of military law.The second part of the essay is the theoretical basis of the full exposition, presuming the value of research on the theory of human nature to avoid unnecessary disputes on concepts and values. First of all, the differences of definitions between value of law and military law have been made. Secondly, the humanist interpretation of human nature in this article has been explained; human nature is a human being rather than the special properties of non-human, the unity of natural and social nature and the unity of "good and evil". Again, from sociology of military point of view, the military life-like state is inspected, and the purpose is to reveal the characteristics and laws of the military to show what the "military" really is, and to be the value of humanity as a realistic basis. Finally, pointing at the path of thinking of this research: the humanity of the Humane Care control military value and legal value to humanity of the basic research methods course in military law, the state should be sought between the real condition and value of humanity theoretical justification.The third part is the value, content and specificity of military law humanity. I get through the origin, the value of content, dynamic development and the rule of law context, five aspects of human semantic point of view to define the value of content, and military law from the standpoint of the actual running of the four human value methods to be different from other sectors special character values: meant of value character, the transitional value character, the ratio of the value of character, the value of compensatory character. Then I wrote from the humanitarian aspects of ethics to state the military's human rights law, its purpose is to eliminate the military and the war on the people's alienation, treating the people as people as far as possible. On this basis, through the humanitarian values and military justice, comparative analysis of the military order value should be raised human and military justice, military law military order of the three parallel pursuit of value. In the specific content of human discourse, I follow the"basic human nature, the military rule of law, human rights concept"logical approach, seeking to deduce the sufficiently comprehensive theory. Human nature is based on the core value of humanity, where humanity is based on means of"to evil and promoting"rational guidance. Rational care of the military legal system- its ultimate mission is to turn"military areas of human concern for their own humanity"into the specific design of the system, through analyzing military action"evil"to find the needs of the military legal system design in the value support of"civilization of and justice"and the concept of"humanity"of the etymological meaning coincide with this;Military rule is the pursuiting goal of the humanitarian value, the author used the approach of analyzing nature in this section to clarify the relationship of the military and the rule of law. The legitimacy of the military rule of law provide the content of humane value of the law for the purposes of technical support possibility, which led the military to the military law of civilization;The human rights represents the value of humanity in the concrete manifestation of the military field. "Human rights" is the general value of pursuing legal department concentrated expression, mainly for the sectors of legal relations, rights-based system design. However, due to objective priority needs of national military interests of the legal relations, the military subjects have a lot of special rights to limit them, characterized by the formation of transferable rights obligations based system of rules. Here, the legal relationship between human rights standards and military law is broken away from the reality, and the "humane treatment" is treated as the subject of military relations for the minimum legal protection of the rights, viewed as a special system design of human rights in the military field. In the military field, in order to replace the human rights of humanity, alienation of rights was the result of the war and the need for every citizen to pay the price.The last part is the improvement of the human value of military legislation. The pursuit of value of law is represented by the establishment and implementation of regulations. Specific human value is also embodied into the right of humane treatment and human enjoyment, conferred on the content lower than human rights, but higher in the interests of compensation on human rights, concentrating on the domestic and international military legislation. In times of peace the military protection of rights, the military reality on the role description and characteristics of"a uniform citizens"ought to establish the legal status, providing"the principle of proportionality,""the principle of legal reservation","a high degree of compensation principles,"and other military rights to limit the special restriction of the principle; The lowest in the civil war under the protection of the rights, civil rights on the domestic war and under state of emergency maintenance, the minimum security limits through explicit legislation and procedures to the state of emergency to enter the war, the lifting of constraints to be through the"state of emergency, the deputies drew a joint right of cancellation, guarantee citizens the right to appeal"and other procedural powers to restrict the expansion of state power. In the international level, rules of international humanitarian law and practice embodies the aspirations of the character and values of military humanity, its inner logic adheres to the"war is not an end"hypothesis, and legislative purpose lies on limiting forms and means of war to reduce the human suffering and disaster because of war itself. Concrete manifestation of humanitarian concern is on the ways and means of operation and the protection of war victims. The political purpose of international humanitarian law to avoid war focuses on the most basic right of people to live, which is the helpless choice in the face of war and the minimum requirements for the war.