| After the founding of the People's Republic of China,a large number of military legislations were carried out,which not only inherited the military legal system of the Communist Party of China before the founding of the People's Republic of China,but also guaranteed the consolidation and development of the new state power.The reality and development of military legal system provide the object and resources for the study of military law,but as an intellectual theoretical activity,the study of military law still needs many conditions.From the founding of new China to the mid-1980 s,in this quite long period of time,China's special military law research activities did not start,and the theory of military law was basically in a blank state.There are many reasons for this phenomenon.With the promulgation of the criminal law of the People's Republic of China in 1979,the drafting and implementation of the Provisional Regulations of the People's Republic of China on punishing the crimes of military personnel violating their duties(implemented on January 1,1982),the promulgation and implementation of the measures of the Chinese people's Liberation army for electing deputies to the National People's Congress and local people's Congresses(implemented on January 1,1982),especially the 1982 "People's Republic of China's criminal law" With the promulgation of the constitution of the People's Republic of China,the construction of military legal system has been brought into the track of national legal construction,and the military legislation has been on the right track.With the construction and development of military legislation,in the process of studying the Constitution and military law,scholars inside and outside the army have found and started to put forward a series of issues that must be studied and solved from the perspective of military law theory.The demand of the development of military legal system for theory gives birth to the opening,deepening and development of military law research.This paper regards the research of military law in the past 70 years as a whole process of the development of military law theory.In the overall perspective,through the following aspects to grasp the evolution of the category of military law research.Understanding military law firstly lies in how we define "military law" in a conceptual sense.This is the starting point of the theory,because the definition of the concept of military law can reflect the researchers' military law concepts and opinions to a certain extent.In view of this,the definition of the concept of military law occupies an important position in the research of military law.This is the basis and premise of theoretical construction.The first chapter of the main body of this book sorts out and analyzes various military law concepts.First,it examines the emergence of the word "military law" and the process by which military law is given specific concepts;compares military law with other similar terms;analyzes military law as a legal term,and its concept is finalized.Secondly,using the method of academic history to verify various concepts of military law,clarify the definition of the concept of military law in academia,summarize the characteristics,and grasp the research rules.Thirdly,a legal analysis of the definition of the concept of military law in the legal circle is carried out.It demonstrates the definition of the concept of military law in the legal circle,its theoretical basis and method thinking.He also pointed out: To realize a new understanding of military law,starting from the concept,innovation is required in terms of theoretical basis and methodological thinking.The second part of the main body of this article analyzes the phased issues in this development and change process of military law research.First,it examines the background changes in military law research since the founding of New China.Military law research cannot be separated from a certain objective reality background.The theoretical research of military law is based on a certain standpoint and perspective,and adopts certain methods under certain historical stage and certain historical conditions.Only by positioning the specific and developing theoretical research under the objective social and historical background,can the characteristics of the phased changes of theoretical research be fully realized,and the relationship between the historical social background and theoretical research can be truly grasped.After the founding of the People's Republic of China,in planning and promoting the transformation of the people's army from a revolutionary “guerrilla” to a national “regular army”,the Communist Party of China attached great importance to the functional role of the legal system and actively used the revolutionary legal system to promote the regularization of the military.After the reform and opening up,the development of the external market economy and the need for internal rectification of the military have jointly promoted the restoration and reconstruction of the military legal system,established the principle of ruling the military by law,and established a military legal system with Chinese characteristics.Since the 18 th National Congress of the Communist Party of China,the Party Central Committee with Comrade Xi Jinping at its core has incorporated the rule of law and strict rule of the army into the overall rule of law strategic layout,elevated it to our party's basic strategy for building the army and governing the army,and further promoted the road map of governing the army according to law.Clearly,the construction of military rule of law with Chinese characteristics has entered the "fast lane" of comprehensive development from the legal system to the rule of law system.These constitute the realistic background of military law research.Secondly,it examines the understanding and judgment of my country's military law circles on the development stage of military law research.Based on different classification standards and methods,different scholars have different definitions of the developmental issues of my country's military law research,and each viewpoint has its own characteristics.The existing stages of military law research and its classification standards and methods also provide references and ideas for continuing to understand this issue.Third,analyze and judge the development process of my country's military law research from the perspective of the number of existing military law research results and research topics.Based on empirical research methods,we will examine the development process of military law research.This division is directly based on military law research.On top of the results,without resorting to influences or decisive factors outside the results,it obviously has more intuitive and more pertinent advantages.Finally,it analyzes the development of the main body of my country's military law research,the development of the organizational platform for military law research,and the development of research activities.As a whole,it reflects the development process of our country's military law research and its different characteristics at different stages.The third part of the main body of this article examines the theory,viewpoint construction and changes of the general theory of military law.Several aspects or topics of the basic theories of military law were selected in the research changes of the general theory.By combing and analyzing the theoretical viewpoints and research ideas of these basic issues,grasp their development and changes.As far as the basic theory of military law is concerned,there are obviously more than the four topics listed in this chapter,but these four topics can basically represent the achievements in the research of the basic theoretical category of military law.First of all,at the beginning of the construction of the discipline of military law,there was a dispute over "large and small military laws",which was essentially a dispute over the scope of adjustment of military laws.The premise of the dispute is the presupposition that "military law is an independent department law." Secondly,continuing the analysis of the previous question,once the question of "whether military law is an independent departmental law" needs to be discussed as an independent topic,the entire military law theory closely linked to it will be renewed accordingly.Examine.In fact,"Whether the military law is an independent departmental law",from judgment to argumentation,from civil to official,this topic is still under dispute.Of course,when the establishment of the socialist legal system with Chinese characteristics was announced,the status of military law was not clearly recognized and it was indeed a reality.Third,the debate on the system of military law.If the concept of military law can be grasped from different perspectives,then the definition of the military law system can represent the concrete expression of this abstract concept,and it is an expression that conforms to the principles of system theory.The controversy on this issue actually implies the need for innovative ideas.Fourth,the debate on the principles of military law.The principles of military law are an important part of the basic theory of military law.It can reflect the fundamental value and spirit of military law,and has universal guiding significance for the formulation and implementation of military law.The military law circles have no objection to the fact that military law should have its own basic principles.The different opinions are mainly about which principles are included in the basic principles of military law and how to define the content of these principles.Academic disputes about the basic principles of military law are mainly reflected here.By tracing the theory and logic behind these viewpoints,we can also appreciate the deep foundation behind a specific viewpoint.In the comparison of viewpoints,we can also grasp the understanding and changes of the academic circle on this issue.The fourth part of the main body of this article mainly introduces the origin of the theory of military law.The more intuitive expression of the sub-theory of military law is the specialized theoretical phenomenon of military law research.To sort out the source of the theory of military law specialization,the departmental research form of theoretical construction and its results.This part selects the theoretical research results of military legislation,military justice,military criminal law,and military administrative law.Of course,strictly speaking,these four themes are not based on the results of the same standard division,and the division according to their respective standards is not limited to the mentioned aspects.However,as the reality of the departmental development of military law theoretical research,these four parts are common and sufficient to show the characteristics of the construction of the military law theoretical system.If it can be compared with other theoretical systems of departmental law,then the content and form of the theoretical system of military law do not possess or completely possess this characteristic of the theoretical system of military law.In the development of this chapter,the research methods of academic history are basically followed,and the carrier forms on which the development of various special theories are based,the achievements of specific theoretical developments,and representative academic viewpoints are sorted out.The methods and methods of these studies have different manifestations in military legislation and military justice divided by the operation of military legal system,and military criminal law and military administrative law divided according to the adjustment objects and methods of military law.The fifth part of the main body of this article is a summary and analysis of 70 years of military law research.First,it analyzes the characteristics of military law research.It is concluded that the research of military law has phased characteristics,the research of military law has constructed a grand theoretical system of military law,and the research of military law strictly follows the Chinese Communist Party's military thought and philosophy.Second,it summarizes the experience of military law research.Adhere to the party's theory of building and governing the army to ensure the correct research direction;to promote national defense and the construction of the rule of law in the army as the goal and pursuit;the research strength attaches importance to the three aspects of military and civilian integration and cooperation.Third,it analyzes the existing problems in the research of military law.The first is the problems in the basic theory of military law;the second is the problems in the relationship between theoretical research and military practice applications;the third is the confidentiality and disclosure of military law research materials and research results;the fourth is the training of military law research personnel And development issues.Finally,the future development of military law research is prospected.It is pointed out that the promotion of military law research level must pay attention to the deepening and innovation of basic theories;the research objectives of military law must focus on the practical needs of military rule of law with Chinese characteristics;the growth of military law research strength must strengthen military-to-local integration and cooperation. |
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