Study On Military Administrative Law And System Construction

The Chinese nation has a long history and cultural traditions,"Doctrine of the Mean"says:"Learn extensively, inquire thoroughly,ponder prudently,discriminate clearly,and practice devotedly", have elaborated scholarly research steps and the unlimited pursuit of a better realm. Today, China's socialist construction has been standing at a new starting point and height. Socialist economic construction is prosperous, the construction of the socialist rule of law is striding forward, and military forces as the main component of the national power and comprehensive national strength, should also be moving toward a new era with the footsteps of the history.Report of the Seventeenth CPC National Congress points out:"national defense and army building, occupy the main position in the overall layout of construction the socialism with Chinese characteristics."It also points out some guidelines:"persist in running the armed forces by law strictly, perfecting the military laws and regulations, strengthen scientific management"and so on. The guidelines provide a very valuable opportunity for the construction of rule of law in our national military. Because of the particularity of China's power system and the special status of the military power, we have to study China's military law from a much more complex and specific lays.Military strategy in"running the armed forces by law"as a main component of the"rule of law", its ultimate aim is to replace the"rule of man"in the army with the"rule of law", make the army accept the strict management and supervision by law .In peacetime, routine military activities focused on the military administrative actions, but currently China's research in the field of military administration is still relatively few. So a series of problems, such as how lawfully regulate the conduct of military administration, how can protect the legitimate rights and interests of our soldiers by law, put forward specific requirements for the"running the armed forces by law".This article first discusses the necessity of the military rule of law and the significance of the military power, form the high view of the putting forward of"running the armed forces by law"and the status in the constitution of the present military power. Then the article discussed the meaning of the military administrative, the military legal relationship and the present internal military administration. Secondly, the article discussed some conceptions about the modern military legal system, such as the definition of the military administrative power, the establishment of the military administrative action, and the perfection of the central military leadership system.