Research On Legal Regulations Of Citizens’ Refusal To Punish Military Service

Article 66 of the "Military Service Law of the People’s Republic of China"(hereinafter referred to as the "Military Service Law")stipulates that citizens who refuse to perform military service shall be liable for fines,restricted education,restricted exit,and are not allowed to be employed as national civil servants and public institution personnel.In practice,the administrative punishment for such behavior is not satisfactory.Although local military service laws and regulations supplement the inadequacy of the higher-level laws,in practice,local disciplinary laws are not properly applied,the disciplinary procedures are incomplete,and custodial penalties violate the basic principles of administrative law.Punishment is only a means,reasonable punishment,good guidance,and the goal of preventing citizens from refusing to perform military service is the goal.This article analyzes 85 citizens’ refusal to perform military service punishment cases,and discusses the punishment subject,punishment procedure,law application,relief system,etc.to standardize the administrative actions of administrative organs to punish citizens who refuse to perform military service,and better guarantee the punishment of citizens.Due legal rights.At the same time,in order to highlight the severity of the country’s punishment for refusing to perform military service,and to maintain the sound and orderly development of conscription,it is also of great significance to construct a reasonable military service system and improve national defense construction.This article uses case analysis and literature analysis.The main body of the thesis is divided into five parts.The first part is the introduction.The main content includes the research background,research significance,research methods and research status.The second part discusses the introduction of the punishment of citizens ’refusal of military service.The specific content is from different doctrines,and the law stipulates the theoretical basis for the punishment of citizens’ refusal of military service.And the legislative overview of citizens who are liable for military service.The third part mainly collects and analyzes the cases of 85 citizens refusing to perform militaryservice punishment in the past five years,and analyzes the current problems of disciplinary behavior through the perspective of regional distribution,growth trend,types of punishment,subjects,and procedures.The fourth part studies the legal regulation of disciplinary actions for citizens ’refusal to perform military service,and regulates the disciplinary actions for citizens’ refusal of military service through substantive aspects,procedural aspects and relief.The last part is a summary,summarizing the lack of full-text research and imagining to use the new era technology to change the punishment education method for citizens who refuse to perform military service,so as to achieve a more ideal effect.