Research On Disputes And Its Solution Of Breach Of Military Service In Jiangbei Country(1937 To 1945)

The Nanjing government of twenty-two years of the republic of China on June 17(1933)promulgated "the military service law",the opening words description republic of man is military service compulsory in China and is scheduled formally come into effect of twenty-five years of the republic of China on March 1(1936),this opens mercenary system to draft conscription in legal forms,to the Anti-Japanese War period,the conscription in the faltering established,the recruitment function of bao-jia system at the grass-roots level also arises at the historic moment.The conscription function of bao-jia is highlighted benefits,however,the resulting military disputes conflict also nots allow to ignore.Based on the analysis of the breach of military service in wartime dispute lawsuit,analyze the reasons and frequent breach of military service in wartime dispute solution derived therefrom,and then in breach of military service in wartime and the dispute of era characteristics,during the background of the Anti-Japanese War to think systematic problem.This paper consists of five parts.The first part,introduction.To introduce topic selection basis,to describe and combing with this thesis studies the status quo at home and abroad,and to points out that the significance of the theory and practice of the thesis study and the research methods used and in order to achieve the research purpose.The second part,the background of the military disputes.Respectively illustrates the environment in wartime to produce breach of military disputes and Institutional basis to produce breach of military disputes,military service system is the precondition for the breach of military service in wartime disputes produce,baojia is the dispute of breach of military service in wartime conditions.Opened by "the military service law" for mercenary system to draft conscription,serving as school-age able-bodied man to the state's obligations;war for the conscription function of bao-jia provides a turning point,the contradiction between Anti-Japanese War continue to need a steady stream of military supplies and the increasingly exhausted men,the gap between bao-jia system in the process of recruitment practice favoritism,the case such as illegal for pull and look forward to,looking forward to people heart,is the important cause of frequent dispute over breach of military service in wartime.The third part,to the detriment of the military disputes and disputes resolution.Chongqing jiangbei county breach of military service in wartime dispute lawsuit documents during the Anti-Japanese War is the fundamental basis to the detriment of the military service and the way to resolve disputes.Breach of military service in wartime dispute lawsuit type to dispute reason for different standards can disrupt military service in wartime disputes subdivided into resistance battle suit,illegal for suit and practice favoritism proceeding.Breach of military service in wartime dispute solution,can be divided into the judicial process and the non-lawsuit solution;The former can be accurately divided into prosecutors not to prosecute decision,the court does not accept and court of three ways;And the latter can be divided into mediation of no litigation dropped and reconciliation in two ways.Based on breach of military service in wartime dispute lawsuit type and solution of research and analysis the method of "paper" and the practice of the method between different behavior orientation,the position of judicial organs and the behavioral logic and value orientation of the parties,and in order to show the true appearance in the process of historical change.The fourth part,to the detriment of the military service and dispute characteristic analysis.As a special military disputes under the background of the afore-mentioned war era,the branding of the wartime feelings filled with among them,the diversity of its features mainly for disputes and litigation of the immobility of "identity",the context of wartime parties of law suit,want one party rights color obviously and the modernization of law and traditional base.The fifth part,conclusion.Under the background of war to explain the historical influence of detriment of the military case dispute and that is to think the institutional design.