Legal Research On Institutions Of Wartime Criminal Trial Within Military Court

Military criminal procedure system is the most important part in the military procedure law, and also that of state criminal procedure system. In essence, the military criminal trial is different from that of common system and peacetime. Nowadays, war has been threatening the existence of human being. In wartime, state and troops shall be restricted in the form to stack all kinds of criminal activities, in order to achieve the success of war, to keep guard of state interest. While the character of modern war is the partial formality under high technology, the highlights the full integration, high speed, all day and all night, at the same time, the extension of war field and the change of war formality, inevitably brings about new challenges to the military criminal trial in the military court.As to the same questions, most western countries have postulated their own tailored military criminal law, established the comprehensive systems, covering peacetime and wartime. In China, since the PRC established in 1949, the fact of less war caused the present situation of more dependency of common criminal trial, and almost nothing in the related institutions of wartime system. Obviously, less attention to the legislative work and the weak basic jurisprudence cannot be suited to the development of modern war. So it is the serious obstacle to for China to win the success of war. When confronted with new military revolution, the realistic need of military struggle, if we are going to review the historical and present of wartime military criminal trial, the reasonable reaction shall be the reestablishment of the modern military criminal trial system, which shall be rooted in the full consideration of character of the wartime.The article is titled with the'military criminal trial in wartime', and the structure is formed into three parts: Firstly, it analyzes the concept, character and function of the system and defined the inherent and out sphere of the'wartime'; Secondly, it compares the theories and practices between east and west countries and introduced the general principles, authorities, jurisdiction and summary procedure, and so on; Thirdly and finally, the author tries to balance the conflicts between the efficiency of wartime trial and values including judicial justice and/or human rights, to add some helpful insights into the improvement of Chinese legislation and judgment in the field of wartime military criminal procedure.