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Study On Several Theoretical Issues Of Legal War In The Modern Warfare

Posted on:2011-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:H T TianFull Text:PDF
GTID:2166360305957083Subject:Military law
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Practice shows that in the modern warfare legal war has become an independent model. Legal constraints and counter-constraints are taken throughout the war, playing an increasingly big "soft kill" effect, and the legal war has become an effective weapon which strikes the enemy and protects their own. As the "second battlefield" accompanying a military action, the legal war has become an important factor affecting the outcome of war.Legal War was originated in ancient Greece and Rome, formed after the modern international law being elected, flourished in the 1980s to 1990s. In China, research on the legal war starts late and the study is not deep enough. Its theoretical system is still immature, even lacking practical experience. As a Military law graduate student, I don't only see the significance and unique role of legal war from the several recent high-tech local wars in the world, but also feel the inadequacy of our legal war and the extreme lack of practical experience. In a wide range of collecting and legal fights, the digestive system, on the basis of relevant information on our future military struggle in law, from the Angle of combining theory with practice, to some of the basic theory of legal battle and how to improve our legal battle carried on the preliminary discussion of the application, which aims to explore our legal battle strengthen construction, improve the legal battle, win the future legal battle fighting basic idea and method for launching legal battle, "study author theory and practice".ChapterⅠfirst introduce the original legal war. Based on the analysis of many different definitions, the author tries to define the concept of legal war according to his personal understanding that legal war is the struggle of military confrontation which is based on national and military strategic intent, taking the relevant domestic law, international law and international convention as weapons, taking a variety of ways to win the legal advantage, political initiative and military victory. Legal war ultimately is the legal war, the advantage is legal struggles. Concentrated in two aspects: one is the use of force of legality and illegality fight, War is the specific behavior legality and illegality struggle. Followed by the characteristics of the legal war was introduced, and the task of the legal battle, the object and scope of operations, the principles followed and the specific tactics such as the contents of the legal battle are carried out the analysis for the full text of the start, paving the way.ChapterⅡcontains certain thoughts about the value of legal war and its status and role in the modern warfare. The author argues that the value of justice and order are the most basic values to pursue among the value of law such as freedom, equality, fairness, justice, efficiency, order and so on. Legal war is a kind of special and other combat style irreplaceable position in modern warfare .Legal war is an important part of the military struggle which has a very profound impact on the overall battle situation. Legal war and force fighting service in common political purpose. But strictly speaking, the legal war is in auxiliary status. In addition, although the legal war and media warfare, psychological warfare all have differences in the meaning, characteristics, implementation methods and so on, but they also exist close relationship in the modern war. Only the three closely with joint force combat role play to release the biggest war energy. To carry out legal battle for the international community is conducive to the understanding and support, help people to better cohesion, morale, and better achieve military purposes.ChapterⅢfocuses on the exercise of legal war in the battle practice. First of all, the author analyses the situation in which the legal war was exercised. I think that every country in the world should attach importance to the use of international law, the legal war and even its domestic law to provide their legitimacy for their military action. And make full use of legal war, using dual efficacy of legal battle to reveal the illegal behavior. We can take advantage of the dual effect of legal battle. One side, using legal war we expose and attack the enemy's offense. The other side, defend the acts of violation of the laws of war through the legal war. The same time we should pay attention to the legal battle and media warfare, psychological warfare together, to play the combined effect. The use of legal battle in the analysis, based on the specific situation in our country, military, proposed construction of our military legal battle to raise the legal war fighting capability, improve the use of the legal battle a few suggestions: Firstly, to perfect the legal battle related laws and regulations related to strengthen the international law, including the research and application of law in China and strengthen the modification, etc. Secondly, we must adapt to the modern war and develop the new methods of legal war. Thirdly the talents construction is the key of construction of legal battle, should attach great importance to cultivate talents, and accelerate the establishment of a legal battle reasonable legal battle talent structure. Finally, the education and training is to improve the effectiveness of "the most important force multiplier", therefore, we must strengthen legal education and training, further to fight in the military struggle to win the legal battle preparations.To sum up, we must seize the opportunity to accelerate the pace of building our military information, implement the "Regulations on Political Work" seriously to strengthen our military's legal war construction, and bind the research and training of legal war, media war and psychological war together to play their important role under the information conditions. But we can not overestimate the role of legal war, because the outcome of war ultimately depends on the political, economic, technological, military and other comprehensive factors.
Keywords/Search Tags:War, Legal War, Legal Advantage
PDF Full Text Request
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