【作者】 杜娟；

【导师】 李韧夫；

【作者基本信息】 吉林大学 ， 军事法学， 2011， 硕士

【摘要】 军事立法作为国家立法的组成部分,它是维护国家军事利益、促进和保证军队革命化、现代化、正规化建设的制度需要。军事立法历经几十年的发展,已经初步形成了比较完善系统的军事立法体系,在国家立法体系下凸显特殊的地位和作用。十一届人大四次会议上,吴邦国委员长提出“中国特色社会主义法律体系已经形成”。因为军事立法体系的特殊性及其作用,使军事法成为社会主义法律体系不可或缺的一部分。近年来,我国遵循依法治军方针,坚持科学立法、民主立法,努力提高军事立法质量,但学界对军事立法的有些问题尚存在质疑,笔者对军事立法进行完善,建议能对宪法中相关规定进行细微的修改,从根本上解决了对于军事法规合宪性的争议,同时,加强军事法的立法监督,维护军事法体系与国家法律体系的统一。军事立法的建立和发展,为国防和军队建设以及有效履行新世纪新阶段军队历史使命提供有力法制保障,有益于中国特色社会主义法律体系和国防、军队建设的不断完善和发展。更多还原

【Abstract】 This paper consists of six sections:introduction, the basic content of military law. the socialist legal system and the department of military law. characteristics of military law legislation system, theoretical and practical significance of military law legislation system, existing problems and improvement methods, and summary."Introduction" partThis paper studies some problems of the military legislation and military legislation system. Military legislation after decades of developed, has initially formed a comparatively perfect military legislation system, bring out special status and role in national legislation system.The first part:the basic content of military lawFirst proposed the concept of military law. this article will define the military law as an independent department of law, military law is enacted or by national force and agreed, to regulate the assurance implement military power and adjust the various kinds of social relations in the military field of legal normative summation. the definition of an independent department with the formal requirements concept. forms a complete concept of military law.Secondly. put forward the characteristics of military law. make its differences and other legal department. Military law which has political, comprehensive and mandatory, confidentiality, purpose, the adjustment of objects of specificity, reflected the particularity of military laws such as the special position in the legal system is other legal department is unable to substitute.Third. this paper expounds the military law legislation system. Mainly divided into four aspects:1st. the National People’s Congress and its standing committee enact military law.2. the state council and the central military commission individually or jointly enact military administrative regulations, enact military regulations of the central military commission.3, the relevant departments of the state council and the CMC individually or jointly formulate various headquarters military administrative rules and regulations. CMC various headquarters. all the military services and arms. enact military rules.4 and the various local authority and administrative organs enact local military rules and regulations.The second part:the socialist legal system and the department of military law First, put forward the socialist law system and its content, to the military law system was summarized. Legal system should be a legal department classification combination by formed an organic whole.Secondly. with military law department verified the division standard. Dividing law standards include four aspects:1. legal regulation of social relations regulated by. This is the division of the legal department main standards and basic basis. Our military law of social relations regulated including armed forces in the field of construction of social relations and national defense construction areas of social relations, civil-military relations etc. military law specific adjustment object is very clear but.2. the adjusting methods of the legal norms.In the military law legal norms way outside, in JunNa and chief ordered, junior deferential. these methods of adjustment method and other legal department is a clear distinction.3. formulate and revise laws of state organs. Our military law stratification level legislation system. is the embodiment of the "Chinese character"4. the characteristics of different legal norms.Military legislation system is unique; Endowed with a specific task military law: Military law effectiveness is unique:Military law regulates content unique.The third part:characteristics of military law legislation systemFirst, constitutional system.Our troops in a constitutional system by the central military commission on the military leadership. not affiliated with administrative organs. the army of legal relation of administrative legal relationship does not belong to.Second. the legislation system.The legislative law stipulates that the central military commission has the power to enact military regulations. like the state council to enact an administrative regulations have the power. both as the legislation status is equal.Third. military law of public power.Military legislation means of military activities, this is standard and constraints of civilization progress performance. "China’s military law institute" that military law established as an independent legal research object of the special and importance. Fourth, military law construction has made outstanding achievements.Our country has formed a military law covering national defense and army building fields complete system. in the overall national legal system framework of the construction of national defense and the army has played an important role.The fourth part:theoretical and practical significance of military law legislation systemFirst, promoting the development of military law.Second, play a role in legal system.The fifth part:existing problems and improvement methodsWe should also to establish and perfect the constitutionality of the military legal supervision system, to military legislative action. military legislative activities and results the validity of supervision."The conclusion"Chinese characteristic military legislation system has to establish and perfect the rise, relevant laws and regulations covering the basic construction of national defense and the army each domain. For our troops fully perform the new stage in the new century historical mission and accelerate the Chinese characteristic militarv reform provide a powerful legal protection.更多还原