On The Subject Of The Crime Fled The Troops

Penal Code provisions on military breach of the duties of the crime is an important specification to adjust the legal relationship of military personnel in the performance of their duties. Soldiers in violation of the duties of the provisions of the crime in the Criminal Law from the People’s Republic of China on Punishment of Servicemen Violation of Duty Provisional Regulations integration from the Interim Regulations by the limitations of the historical conditions, there is a certain relationship between the main structure of crime, crime and provisions expressed deficiencies. Integration into the criminal, military personnel in violation of the duties sin on the main provisions of the crime, is still the same Penal Code General Provisions exist theoretical conflict. At the same time, the development of the reality an urgent requirement to expand the soldiers in violation of the duties of the Crime of new theoretical space.Flee troops from military practice more common sin start summarized from the theoretical point of view to analyze the concept of escape from the main body of troops Crime Summary flee troops Crime of the time limit, non-geographical limits and responsibilities of differences and other features. Analysis of the shortcomings of the current criminal law on the crime of escape from troops subject of crime legislation exists, that is the subject of a crime too narrow, the provisions of criminal responsibility is not suited to the military occupational characteristics, the common theory of crime from the actual needs of the military, impact to the subject of crime of criminal responsibility commitment. The article compared the resolution of the military order of modern military criminal law and modern rule value.Analysis, and certainly the military order of the military criminal law should be the primary value of the pursuit of goals. Guidance in this conclusion.Under the scope of to flee troops Crime main theoretical discussion, mainly to help escape from the forces soldiers and ordinary citizens into the troubled and feasibility of the scope of criminal subject. In legislative style military crime of provisions in the Penal Code, the soldiers Violation of Duty points particularity is the impact of the criminal law the systemic. The article explores the ways of the army fled forces sins primary legislation should be coordinated with the general principles of the theory. Under the guidance of the theory, the article theory supplement inadequate fleeing troops Crime primary legislation and provide specific legislative proposals. Proposed legislation should improve the soldiers fled limited criminal responsibility troops whether criminal responsibility should be clear, the theory of common crime fled the forces of sin should have special provisions for new theoretical perspectives. The purpose of the study of this subject, is that the subject of crime legislation to better adapt to the national rule of law in the process of the correction of the deficiencies that exist in the provisions of the Crime of existing flee forces, and strive to make the legislative certain forward-looking, better to meet the needs of the new revolution in military affairs and military struggle...