Our Military Criminal Law Legislation And Perfect

This paper mainly explores the lack of and improvement ofChina’s military criminal legislation..The general idea is first an overview of themilitary criminal law, a brief introduction to the military criminal law, then focuseson China’s military criminal legislation`s inadequacies and how to improve.The first part starts to introduce the military criminal law from the concept ofthe military criminal law,a vital concept of military crime is concerned,and thus acertain length is elaborated on this.Next, the origins of the military criminal law,that is the manifestation of the military criminal law.Then it explores theoverview of the legislation of China’s military criminal law, especially after thereform and opening, in order to let readers know the History and development ofthe military criminal law..Finally, the basic principles of military criminal law to beintroduced, they are self-evident for the importance of military criminal law.Thusintroduced to protect the interests of the national military, martial law strictly,strictly wartime and meritorious service of the principle of atonement..The second part of the deficiencies in the current military criminal legislationare discussed from two aspects of form and content.The author in the part of thefirst three aspects of the scope of the concept of criminal law, conviction, andpenalties for the use of the many drawbacks of the legislative system to take thiswith the ordinary criminal law fit,,and then discusses the lack of content ofmilitary criminal law legislation from General and sub-rule..Less than on thegeneral part of, I believe mainly in the provisions of the basic principles ofmilitary criminal law,,lagging behind the provisions on non-military and militaryjoint crime,military penalty provisions of the unscientific,the lack of military Illegalground for elimination,he lack of need in the general part of a clear concept ofthese points。 The deficiencies of sub-rule are as following:(1)there are importantomissions in the protection of military spending, military production;(2) thecriminal provisions on the destruction of the soldier relationship is not perfect;(3)the lack of destruction of operational synergies sin;(4) the provisions on war crime is not perfect;(5) the provisions on wartime crimes need to be improved..The third part is less than how to improve some of the measuresrecommended by the author for the second part.The first is for the currentlegislative system of military criminal law, the author suggests to developindependent military criminal law for long term,before the enactment of theindependent military criminal law, the perfection of military criminal law orthrough legislative interpretation and the criminal law amendment are two mainways.The content section is the corresponding improvement according to thedeficiencies discussed in the second part,such as the headquarters part of the lack ofthe basic principles of military criminal law,so it needs to be clear in theindependent criminal law in the future,and before a independent military criminallaw,is enacted, it should be clarified by other means.The lack of destruction ofthe operational synergy crime, shall be added to this counts, clear concepts andelements.,and so on.