An Approach To Legislation Mode Of China's Military Criminal Law

The current Criminal Law of the People's Republic of China adopts such a legislation mode to bring Crime in Contravention of Servicemen's Duties within it and add Crime in Impairing the Interests of National Defense to it. Judicial practice and military criminal theory are developing; however, attributed to the special requirements of military criminal law, the legislation mode of current Criminal Law of the People's Republic of China shows its structure incompatibility instead of integrity and authority, which impairs integrity and authority of Criminal Law of the People's Republic of China. Meanwhile, unified legislation mode leads to a bigger theory confliction between General Provisions and Special Provisions, and there are more and more difficulties in judicial practice, which limits the theory development and application of military criminal law. Therefore, aiming at improving the legislation deficiency, I hereby try to make a study on the independent legislation of military criminal law to relieve the embarrassments in the judicial application of military criminal law on the bases of analysis of the problems of China's military criminal law and studies of other forerunners, so as to give the military criminal law full scope to safeguard military interests and enhance the battle effectiveness of our country.