A Preliminary Study On The China's Rule Of Law Reform In Military Service System In A New Era

Military system,as one of the important systems in modern country as well as the key contents of national legislation,embodies its national consciousness,democratic spirit,law characteristics and military strength.The world's military development dramatically demonstrates that the more modern and informatized the military is,the more violent and destructive it will become,and the more law-oriented it should be.In contemporary China,reform has been deepened in national defense and the army,the most important goal of which is to accelerate the development of national defense,the construction of military under the rule of law,and realize the governance of the army in accordance with law.To raise the level of rule of law in modern national defense and the military,the only way to lies in the reform of military system,which is an important part in the change and innovation of national defense and army construction,and also in the realization of the grand proposition and project—rule of law in China.Military service system,as a significant military system,serves as the guidance of military activities with its own distinct characteristics and law.And its extent of legalization indicates the degree of ruling by law in the military system and the army,and its reform undoubtedly become one of the important contents of China's current national defense and military reform in the new era.Reflecting on the evolution of the military service ruled by law since the founding of New China,it can be found that in contemporary China,although the military service legal system has been basically established,there are still plenty of external challenges and internal deficiencies.Currently,the strategic principle of comprehensively deepening reform and ruling the country by law has been established,the goal of running the army strictly in accordance with the law has been proposed,and a new round of national defense and military reform has been launched.However,the construction of China's military service system still exists some issues: lag in the country's overall legal construction,inadequacy in military service legal system,and imbalance in civil service rights and obligations,which become a stumbling block to the construction of a world-class military and the deepening of national defense and military reform.Therefore,it is necessarily imminent to conduct the rule of law reform in China's military service system in the new era.From the comprehensive strategy of governing the country according to law,the relationship between administering the country and the army in accordance with law,as well as the practice of ruling the army by law,it is shown that advancing the rule of law contains its exercise in army through the law-based reform of the military system including military service,which has laid a theoretical foundation for the reform in military service system by law in the new era.Since the establishment of the People's Republic of China,a wealth of experience concerning rule of law in military service system has been accumulated from its transformation in the new era.Based on the analysis of military service system under the rule of law reform in the new era,drastic change in internal and external security situation,accelerating transformation of overseas military service system,domestic deficiencies in military service system under the rule of law,lack of national identity of citizenship and other challenges,it is feasible to reconstruct the military service system governed by law,to achieve the real equality of citizens' rights and obligations in military service,to carry forward and cultivate the spirit of rule of law and militarism,and to strengthen the construction of citizenship identity.