| Military rehabilitation is based on ordinary criminal law after right systemdevelopment, the earliest is put forward by the Italian military penal code and make itperfect, with the deepening of the concept of military compound right system, theUnited States, France and other military criminal law developed countries haveestablished military power system. Military compound right system refers to theconcept of crime after soldiers in accordance with legal conditions, recovery frompunished by losing the rights and qualification. With the deepening of the concept ofhuman rights protection, military security problem is becoming more and moreattention to rights, the mitigation of punishment and the punishment is more and moreget the praise highly. Soldiers as an occupation which is higher than that of otherordinary professional risk and expense, and bear the risk of the military family at thesame time, to say the military guaranteed rights more in need of special law.Qualifications punishment as an important the mitigation of punishment system ofmilitary power security plays a very important influence, military advocate honorsince ancient times, if the long-term deprived of its right or qualification, but nocorresponding when it meets some substantial conditions and formal conditions, rightor qualification to restore the system, so the adverse effect of soldiers and theirfamilies is self-evident.In the Long-term military judicial practice in our country, still lack a recoveryrecord deprived of the qualification and right of the system, which seriously hinderedthe resocialization of criminal soldiers, soldiers once you select the "soldiers", thisoccupation itself has been faced with the secondary employment problems, soldiers inthe camp for a long time, at the same time work life environment is relatively closed,and the society, if the lack of corresponding record wiped out penal system, especiallyprone to military punishment surplus phenomenon. That is the present value of themilitary compound right system should also choose a military compound right system,this paper analyses the realistic meaning.In view of this, based on the concept and features of military compound right system as the breakthrough point, according to ask questions, analyze problems, solvethe problem as the main idea of for the construction of military compound rightsystem of our country problem. Mainly divided into three parts:The first chapter for the military after an overview of the power system. If youwant to study the construction of military compound right system of our country, firstto fully understand some basic concepts. Based on the above reasons so this chaptermainly introduces the concept of complex power system, the concept of militarycompound right system, the different understanding of complex power system withmilitary power, the type of military compound right system and the characteristics ofmilitary compound right system and the comparison of military complex system andrelated system, and it analyses the world military right system of legislation. Aboutthe military complex system based on the above research, the author made thefollowing definition: military answer authority, namely to restore military power. Inthe current military punishment system, restore military rights generally refers to thecrucifixion soldiers with military and inherit the qualification of punishment and thelack of power, during the military satisfy some special conditions, allowing the victimentitlement or soldiers to recover its loss. Introduced the world about militarycompound of the power system of military legislation, the author to the worldmilitary has carried on the induction summary the characteristics of complex powersystem. This chapter from Italy, the United States, France, three countries thelegislation situation of military compound right system, contact the shortcoming inthe current legislation in our country, summarizes some characteristics of worldmilitary compound right system. Main characteristics are the following: one, thecountries in the military penal code for military has different classification regulationabout the right of reply. Second, the various countries to military compoundproposition is different, the definition of power system’s point of view is different also.Three, regardless of the specific content of countries on military compound rightsystem of the explanation, the military penal code and relevant provisions of relevantlaws and regulations on the military the applicable conditions of complex powersystem made clear rules. Four, prescribes exclude the right of military complexsystem, which specifies some charges are excluded from the military after the right system.The second chapter analyzes the present situation of Chinese military complexsystem and the legislation requires. The second chapter mainly analysis stage, that iswhy our country need military complex system and China’s current militarycompound right system is perfect. Through analysis we found the following issues:China’s current military qualifications punishment in the criminal law and theprovisions of the criminal record system is relatively blank, which did not exist in ourcountry at present in the true sense of the military after right system, the lack of lawsand regulations based on the special and the qualification punishment or criminalrecord system and deprived of the rights or qualifications. But it illustrates thesoldiers basic rights more in need of protection in our country, and then we can bemore perfect and protect interests of the state military and security in our country.On the analysis of the China’s present situation of Chinese military complexpower system, this article discusses the building need military compound right systemof legislation in our country, divided into the legislative value and theoretical basis.Main value has the following several aspects: military legislation value, the militaryjudicial value, social value, military justice value. A military compound right systemconsists of the following aspects: the theoretical foundation of military punishmenttarget has been achieved, the function of military criminal law make up for, by thelack of respect for the stability of social order, respect and protect the rights of themilitary needs.The third chapter mainly discusses the military compound right system for ourcountry to establish some ideas and legislative proposals. The main scope of China’smilitary compound right system is mainly used, the applicable conditions, procedureand application effect of the main building. Finally, this paper discusses the system ofChina’s military compound to regulate. |
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