On The Trial System Of Civil Cases In Chinese Military Court

Accompanied by the development of the domestic legal system building, the legal consciousness of the whole people within the armed forces are also increasing legal problems within the armed forces in civil cases, the incidence rising sharply with this trend. This brought some cause for concern to the military. Military courts in the context of this era, involved in the admissibility of the civil cases, both a necessary practice, but also feasible. Because it is the needs of national defense construction and army building, but also for the trial and execution of civil cases within the military. More importantly, the military courts have civil cases to trial procedures provided a guarantee. However, in practice, systems and procedures of military courts for civil cases pending further theoretical thinking and practical exploration.Domestic scholars have already made some useful exploration. Through the practice of examination and analysis of China’s military court on civil cases, from the theoretical and practical military court civil cases the legal basis of the system, the particularity of the system of the internal mechanism, defects, and improve ideas for a more in-depth study on the rational, special problems, and direction of development.This article is divided into four chapters. First, the article from the analysis of the functional role of military courts to explore the concept of military justice, start to explore the legal basis of military courts to hear civil cases. The military courts accept civil cases, the legal basis of the analysis to complete a certain extent, by inspection of recent years a number of trial practice, an accurate definition of military courts to hear civil cases, indicating the particularity of the military court trial of civil cases. Then the author of the military court in civil cases visible defects summarized a number of improvement measures and opinions, and on this basis to improve the military courts accept civil cases, the process involved in the system defects. In short, trying to sum up some experience and some theoretical thinking and constructive exploration of the military courts accept the process of review in civil cases hearing system and proceedings. On this basis, attempts to explore the military court in the trial of civil cases, procedures and practices approach, put forward some reasonable direction of development. Finally, the text, despite the many problems and difficulties, but the military court to participate in the trial of civil cases, legality, feasibility and necessity, is the trend should be vigorously promoted, and as soon as possible by the National People’s Congress Standing Committee to develop relevant laws, to determine the nature and status of the military courts, as well as the terms of reference and other aspects of military courts to make the detailed provisions of the laws and regulations. At the same time, to promote the military court trial of civil cases should continue to improve the legal system, and the promotion of legal concepts.