Jurisprudence Analysis Of The Strict In Military Law

In the era of the rule of law, a modern army must be sound and regulate, and thesystem must be complete and functioning in accordance with the law. The militarycould not stand and no majesty if there be no strict legal. Strict martial law, is widelypracticed in all times and all the army Troops. From the history of the development offoreign military law, the history of a martial law is the strict history of thedevelopment the martial law. However, why martial law is necessary to strictly? Thisarticle attempts to analyze the three aspects of the martial law and strict basis andfoundation, legitimacy and value goal, by analyzing the structural characteristics ofthe military society.The first point of the first chapter of this paper is the semantic analysis of the"strictness". And then, analyzed the Field of criminal law be given a heavier andheavier. Thus it concluded that the three have close ties in a sense. Especially in thefield of military criminal law, it is severely to become the core content and strictmartial law. In addition, I believe that the "strict" of martial law should also includethe meaning of "tight","strict" and "severe". The second point of this chapter is abrief combing the martial law and strict meaning, concluded that scholars understandthe strict martial law mostly from the perspective of the Military Penal Code. In orderto meet the requirements of management of the army on legal and strictly, and theneed of military struggle preparation, there is a need for the traditional sense of themilitary strictly meaning to be rethink, gift its new connotation. The author thinks,military strictly should be understood broadly, but not be limited to military criminallaw, should be extended to the whole of the military law of military legislation,military law and the military justice among each link, including the generalrequirements, the provisions, the trial, the scope and the implementation of militarylaw.The second chapter reveal military society and ordinary citizen society aredifferent social structure, through the analysis of the characteristics of military social structure-military role of special military society, strict upper and lower control,military society emphasizes" duty standard" and closed military society and so on.And due to the particularity nature and function, the army is different from theordinary citizen society, this difference exists to provide the soil of the survival anddevelopment for the military strictly existence, and it is its social foundation.The third chapter of the thesis first point comes to national security, nationalpolitical power is inseparable from the army, by analyzing the military and nationalsecurity, national political power relations, and the importance makes military strictlybecome necessary, and for its legitimacy to provide a political basis. Such anobjective existence of the second point of this chapter to clarify that China is urgentneed a strong fighting army to shock and awe international evil forces of external, tostabilize the morale of the people, by anglicizing the inevitability of war, instability ofthe international situation and China’s grim reality peripheral security situation. Armystrong combat effectiveness in addition to high-tech weapons and other materialneeds, but also urgently needed by strict martial law--to create a strong cohesion bydeveloping a strict military law, regulations, discipline and others. This provides arealistic foundation for the existence of strict martial law. The third point of thechapter is about The Party has put forward the theory of governing the forces strictlyin the new period, and then come to the key of the theory is strict martial law whenentering the rule of law era. That is in army, from the strictly theoretical to provide atheoretical basis for strict martial law legitimacy. The fourth chapter of the paperobtained the value of military law should reflect and safeguard the interests of thenational military, military order, military justice, military interests, and humanitarianvalues such as value and unified, from the value of content by analyzing the value oflaw and military the connotation of the value of law. Martial law strictly embodies theprinciples of safeguarding the interests of the national military and military ordervalue, to the value system of military law. In other words, martial law is strict militaryorder as the core value of the pursuit of the interests of the national military value ofthe highest levels.On the basis of scientific position, we should to accurately grasp the connotationof martial law strictly. It helps to promote the development of military law towards a rational, scientific direction, by analyzing the foundation of strict martial law andbasis of its existence.