Research On Military Command Execution Crime Exclusion Law

Since ancient time, military orders played an important role in its militaryactivities, no matter domestic or foreign armies, they consider obeying orders orcommand to be important principles aiming at maintaining military order andenhancing combat effectiveness. To reduce worries behind the military commandexecution and ensure its effective implementation, many countries of the worldprovide in their criminal law or military law that implementation of the militarycommand exclude crime. In contrast, in our laws, although there are a lot ofprovisions settled for soldiers obeying orders, it lacks crime exclusion law forsoldiers performing military command, which will make soldiers face a realisticobstacle when executing orders, especially when the orders are illegal, performing ornot turns to be a dilemma, for soldiers this obviously is unfair and will certainlyseriously affect smooth flow of military orders and constraints the army’s fightingcapacity. Therefore, based on the status quo of China’s legislature, to borrow foreignadvanced legislative experience, and to perfect our exclusion laws in commandperforming, which will not only help to enrich the exclusion theory of criminal law,to fully safeguard legitimate rights and interests of servicemen, but also bring greatsignificance to military orders quick flow and enhance the combat effectiveness ofour military.Based on this, I think that China should establish and improve crime exclusionlaws in military command enforcement as soon as possible. On the one hand, inorder to fully protect the legitimate interests of soldiers’ implementation of militarycommand and effectively enhance the executive force of these orders, it should beexplicitly stipulated that soldiers who performs military command can apply torelated crime exclusion laws; on the other hand, to prevent destroying social orderand the rights of others during reckless command execution, it is necessary to strictlylimit the scope of crime exclusion behaviors in law-making. Based on this point, The article is divided into four parts, through the use of various research methodssuch as semantic analysis, comparative analysis, logical analysis and value analysis,to make deep analysis on above mentioned issues.Firstly, the article gives detailed introduction on the concept and features of themilitary command execution, as well as the general principles of excluding crimeissues in command performing, On this basis, the author mainly analyzes thelegitimacy of military command excluding crime issues, several reasons such asneed to protect the rights of servicemen, maintain military order and meetaccountability theory of the criminal law. All these are this article’s theoreticalpremise and logical starting point.Secondly, to establish military command execution crime exclusion law, wemust fully understand the current status quo of our country’s legislative and practicalproblems, in my opinion China has no clear regulations about crime exclusionissues, and hardly mentioned procedures in command performing andaccountability system of illegal command performing.Again, in the foreign criminal law and military law, there are manyregulations related to “zero accountability” about military command performing,although these laws are different, they exert great significance for our country toestablish and perfect that kind of exclusion laws. The author believe that a strictdistinction between legal and illegal command, a clear and specific procedure inmilitary command performing, a through accountability system in illegal commandexecution, and high attention to international crime law transformation of illegalcommand performing, all these issues are worthy of our extensive research andfor reference.Finally, the article give some suggestions on the crime exclusion issues, Ibelieve that we should strictly limit the conditions of crime exclusion of militarycommand performing, specifically the law proceedings of military commandexecution, give soldiers the right not to follow obviously illegal military command,strengthen the accountability system in obviously illegal command and with reference to the international criminal law rules, through these five aspectsaltogether, we can effectively promote a reasonable run of military command, incase of its abuse doing harm to society.