Military Criminal Proceedings A Number Of Issues To Study

Military and national defense are always in close contact with war and they have direct and important influence on the using and falling of a nation, surviving and perishing of a country as well as safety and danger of human being themselves. Therefore, as one of the important judicial systems to safeguard the construction of the national defense and military force, military criminal procedural law must be paid great attention to and reinforced. Especially in a county with modem legal, military criminal procedure, as an indispensable part for national criminal procedural system must be in conformance with die development level of nation抯 democracy and legal construction. Yet since the promulgation and implementation of the flt~t criminal procedure law in China, the specific status of Chinese military criminal procedure has been ignored and forgotten in academic study and legislation of criminal procedure due to many reasons, although it is aware that it has great difference with normal criminal procedure in judicial practice. The military criminal procedural code is still a blank spot in legislation and works on military criminal procedural law are seldom read in the research of the criminal procedure. As a result the military criminal procedure in China cannot keep pace with national criminal procedural system, legal construction of national defense and the international developing trend in a long term. Thus, this article tries to analyze and research the specific characteristic of the military criminal procedure in order to inquire into its main issues, such as concep1~ history, purpose, rules, principle, organs, jurisdiction and procedure from theoretic and practical perspective and from the comparison of historical and foreign experiences, under the instruction of judicial ideology, basic principle, concrete system established criminal procedure law of our country. The article tiles to summarize the historical experience lesson and learn from the practice of developed counties and finally to form the military criminal procedural law system with Chinese characteristic at an earlier date. It makes every effort in trying to understand the development and internal rules of military criminal procedure in order to deal with correcting the special relationship between national legal integration and the military judicial during the process of practicing Chinese military criminal procedural law system and promoting the military criminal procedural reform It.