Reflections On The Regulation Of Military Criminal Law Concerning The Crime Of Misleading Military Secret

It is an important part of the basic strategy,“Promoting the management of state affairs in an all-round way”,to run the armed forces by law and manage them strictly which has pointed out the direction for the effective protection of national interests and the interests of national defense.In order to better protect our national interests and the interests of national defense,there have been severe provisions of the criminal law about the act of violating the duty by a soldier,the provisions have been an important part of military criminal law in China,and have protected the rights and interests of the military to a certain extent.The army should be governed by rule,it is the iron law summed up in the development process of the army at all times and in all countries.It is the inevitable result of historical development,that the right of military criminal law is divorced from the power of military command.The military criminal law is attached to ordinary criminal law,and has become the rational orientation of general law and special law.Among them,the harm to Chinese national interests and national defense interests due to the disclosure acts of military secrets,especially the deliberate disclosure acts of military secrets has aroused extensive concern of the community.Military secret is an important concept of military criminal law,it is a direct reflection of the state secrets in the military field,there have been many cases that,the combat was failed or the battle was defeated because the military secrets were leaked,in the period of the war.There have also been many cases,that the state was in a passive state in the political and diplomatic struggle,because the military secrets was leaked in the peaceful international environment.In contrast,there are many problems in the criminal legislation and criminal justice in China,therefore,it is necessary to perfect the legislation in China,including legislation and judicature,on the basis of clarifying the relevant concepts and characteristics of intentional disclosure of military secrets.Because of the special relationship between military criminal law and common law,that the military criminal law is an important part of criminal law,which required that the military jurisprudence must study the regulation of the criminal law about the crime of deliberately leaking military secrets,according to the existing legislation system of criminal law in the study of the relevant charges,on the basis of making clear the nature about the crime of deliberately leaking military secrets.First of all,it is necessary to make clear the premise problems of the military criminal law regulation about the crime of deliberately leaking military secrets,namely the rational orientation of military criminal law and criminal law and the concept definition about the crime of deliberately leaking military secrets,then based on the existing criminal law norms in China,the paper rethought the constitution of the crime of deliberately leaking military secrets.With the cognizance of the crime in the military judicial practice as the clue,this paper analyzed the meaning of Normative criminal jurisprudence about the crime of deliberately leaking military secrets,and put forward the corresponding views to support the standards of military judicial identification,from the criminal object of deliberately leaking military secrets,objective aspects to the subject and subjective aspects.Through the prerequisite discourse of military criminal law regulation of the two parts above,found there are deeper problems in the application of accusation in judicial practice.It not only includes the defects of combined legislation model on the level of legislation in system design,there are also the lackness of principle in judicial application,for example it is difficult to unify the conviction and sentencing.Through the reflection on these legislation and judicature,legislative model,and proposed the regulation strategy in the aspects of legislative model,value and principle complement and concept of military criminal law,to better protect the military interests of China,in order to achieve the goal of military justice in the military criminal law.