On The Legislative Perfection Of Military Penal System

Military penal system is an important part of the Military Crime law Code.The special nature of Military Crime law Code determine the specificity of Military penal.The Military Crime law guard the interests of national military as the law’s objective, determine the of Military penal system should be established on the basis of practice military struggle and Profound theory of criminal law. Military penal system of military law must safeguard national interests, reflects the military strictly requirements during wartime and essential sprite of military law.After years of practice the current legislative system of military punishment has proved that it can not adapt to the need of future military struggle and the requirement of ruling army according to law,and the demands of Punishing military offenses.A direct reflection of the military penal system is not a complete sentence species,and not meet the special forces of life and Special legal status of military personnel. Analysis from the kind of penalty system, directly reflects the military penal punishent system is not perfect, it can not adapt to the special way of life forces and military man’s special legal status. Definitely,this situation is not conducive to commence the construction of national defense in peacetime.Objectively determine the country’s military penal system should make the appropriate legislative amendments. From the perspective of comparative law, the legislative mode of militarycriminal law different is a direct result of a variety of at all times and in all countries the military penal legislation system diversity, reconstruction of the military penal legislation system should absorb the essence of the base of the predecessors of these mature and outstanding spirit of legislation andlegislation for using. This paper selects USA, Britain and Italy and other western countries mature legislation, analysis to the full system from the legislative model, the punishment system, discretion system, execution system angle and the conclusion related.Different legislative models determine a varity of military penal legislation system in ancient and modern, from China to foreign countries.From the law succession of military law system, analysis the history of China and modern times, summed up the development of military legal laws and the stable value orientation which can be used, or the part of inheritance.Reconstruction of the military penal legislation system should absorb the essence of these predecessors in reference to mature and excellent foundation legislation and legislation on spirit. From the point of the oretical research,we can summarize that Military Crime law lack complete types of penalties. At the same time, from the legislative perspective point of view, security measures, including the possible future construction of military administrative violations of compulsory education should be included in the military penal system regulation. On the penalty implementation system, China’s military criminal law in the penalty system is not complete. Lack of control of military criminal penalty in penal system is not complete, for the punishment of property without due attention to the related crime may be punished fundamentally. Lack of community corrections and other social execution mode.the lack of reputation penalty and qualification penalty can not be applied and the soldiers to adapt, can’t adapt to the army special way of life and the army management style. Current special probation and execution are not suited to the needs of the military struggle and military law-ruling development.Finally, analysis the interaction between procedural and substantive law, Especially the military criminal law and military criminal proceedings should closely the relationship under the tension military struggle stressful environment,The lack of provisions special provisions for wartime death and pardon systemin the implementation of the death penalty, the lack of the system may be unable to meet the need of military war. At the same time, analyses the construction basis similar to the death penalty in summary execution power and legitimacy on it, so that the value orientation of utilitarianism wartime into full play. Proposed giving military commanders discretion appropriate military punishment and the military security measures should regime to be regulated in the military penal sanctions. All of the proposals serve for completing Military penal legislation system,and military struggle,guarding State military interests and military men’s legally rights,While promoting the development and in-depth study of the military criminal law theory.