Study On The Military Lawyer Function In China

Army is a highly centralized and unified armed group to execute special tasks. Military lawyers thereof also play an important role in the military political affair by providing service guarantee. As a significant composing part in the lawyer team, the military lawyers form an indispensable composing part of our military judicial system. As the military lawyers function both as the armyman and the lawyer, while compared with the social lawyers, they feature the specialty in the property and distinctive characteristics in the function. Ever since its coming into existence, they has played an active and irreplaceable role in terms of safeguarding the national and military interests, protecting the legitimate rights and interests of military personnel as well as maintaining the legal impartiality and justice. As the military lawyers exist in relatively late time, still in the stage of development, there's still no definite legislation provision in this regard with various mechanism imperfect while some problems and deficiencies still occur and its function fails to be developed in a sufficient manner. How to make breakthrough from such plight and create a new work situation of military lawyers, it is a problem for settlement.This paper includes three parts with the first parts describing the due functions of military lawyers in a systematic manner. The paper begins from the property of military lawyers by giving a brief introduction to their basic condition and pointing out that they form an important part of the lawyer team of China, as specific public lawyers. Moreover, the paper systematically generalizes and deepens in expounding such five basic functions of military lawyers as providing legal consultations and suggestions, participating at military and judicial activities, settling legal issues of military personnel, developing legal propagandizing education and working as war military lawyers, etc. by adopting theoretical research and empirical analysis. The second part thereof anatomizes in an all round way the current situation and existing problems of military lawyers in China, which is also the emphasis of the paper. In combination of the work and practice, the paper further analyzes the existing status of military lawyers ever since their coming into being, concluding and pointing out five problems existing in military lawyers, including irrational organizational system, incompetent capacity, weakened actual status, unsmooth operation mechanism and relatively more interference from external factors etc. On the basis, the paper deepens in expounding various factors which may affect and restrict the function performance of military lawyers to point out the sticking point. Then the third part proposes pertinent countermeasures to guarantee the function performance of military lawyers, especially proposes feasible suggestions to the reinforcement and improvement of existing problems and weaknesses during the function performance of military lawyers, expecting that some enlightenment and help can be provided to the system establishment of military lawyers. There are mainly two parts. On the one hand, strengthening the legislation, establishing special legislation and other legislation on military lawyers, in order to safeguard from the legal level that military lawyers can execute their functions; on the other hand, perfecting the operation system, intensifying the establishment itself so as to promote the development of military lawyers in a systematic and standardized manner, and further creating a sound environment and conditions for protecting military lawyers to perform their functions.The emphasis and feature of this paper lie in analyzing the existing functions of military lawyers by combining factors, carrying out an overall and systematic analysis and research on the functions of military lawyers from the theoretical and practical, actual and due aspects, carrying out a thorough review and examination of existing problems and corresponding reasons of military lawyers. Thus the profile and the panorama of functions of military lawyers are profoundly depicted and their functions are further clear. It cannot only provide a reference for the practical work but open another window for understanding military lawyers, with certain value and significance both in theory and in practice.