On The Criminal Stipulation Of Military Service Refusal

Since the founding of the People's Republic of China,the military service system has been improved and revised many times,and our national defense force has been continuously strengthened.However,with the rapid development of market economy,people's utilitarian ideology is becoming increasingly strong,which has formed some bad atmosphere.In addition to the long-term peaceful environment,the national consciousness of war and national defense is becoming weaker,which has led to frequent civil objection in recent years.This has brought new problems to our national defense construction and normal conscription order.According to the content of the Military Service Law of our country,there are three kinds of objections to military service: citizens' refusal,evasion of military service registration and physical examination;citizens' refusal and evasion of conscription;reservists' refusal and evasion of military training,military service and conscription;and students of national defense violate the training agreement.According to the provisions of our criminal law,only under the specific "wartime" conditions can the objection to military service be investigated for criminal responsibility.The lack of criminal regulation on objection to military service in peacetime is the main reason for the frequent occurrence of objection to military service at present,and the shortcomings of the definition of "wartime" conditions in criminal law also cause various problems in the practical application of this provision.Therefore,the study of criminal law regulation of objection to military service has become an important issue in the construction of military legal system in contemporary China,which is also the theme of this paper.The Criminal Law prescribes the crimes of refusing,evading conscription,military training and refusing and evading military service in wartime,aiming at investigating criminal responsibility for the serious consequences of the act of refusing military service in wartime.The military legal system is always changing with the development of military practice.With the advent of the new century and new era,the functions of the army are also expanding,and many of its tasks,like combat tasks,are closely related to national interests.Therefore,the above two charges have been unable to meet the needs of military development and national defense development in the new era.This paper points out that the criminal law should be regulated in peacetime,and the defects in defining "wartime" and "wartime theory" under its specific conditions should be perfected.Its legal basis and how to regulate it are still debatable.At the same time,the relevant legislation and law enforcement system need to be further improved.