Since time immemorial,war and the military have determined the survival of the nation.The modernization of China requires the protection of military forces.The Constitution establishes the Central Military Commission system with military power,and the core of the system is the CMC chairman’s overall responsibility.As an important military system stipulated in the Party Constitution and the Constitution,the CMC chairman responsibility system bears the heavy burden of using military power to protect national security.This thesis makes a systematic discussion of the concept and connotation of the military commission chairman’s responsibility system,its creation and development,establishment and perfection,legitimacy and institutional construction by means of legal hermeneutics,sociology and comparative research.The article is divided into five parts.The first part analyzes the purpose and significance of the research on the chairman responsibility system of the CMC and the research status at home and abroad.The aim is to ensure the efficient operation of military power and avoid the misuse of military power to create unrest.Facing the current world situation,studying this system has both theoretical and practical significance.The second part discusses the basic concept,the value and the basic theory of military power.Basic concepts include military power and the CMC chairman responsibility system.The value of military power includes the creation of State power,the defence of nations and peoples and the safeguarding and realization of peace for mankind.The basic theories of the military commission chairman’s responsibility system include the theory of national sovereignty,the theory of military rule of law and the theory of human community with a shared future,which systematically reveals the internal relationship between them.The third part investigates the historical formation of the chairman responsibility system of CMC.During the revolutionary war,the military leadership system took initial shape,gradually establishing a system under the unified leadership of the CPC Central Committee,the Central Military Commission and the Commission chairman.After the founding of the People’s Republic of China,the Party’s leadership in the armed forces continued to improve.In 1982,the system of overall responsibility of the CMC chairman was formally established in the Constitution.The general secretary,the president of the state and the chairman of the Central Military Commission assume overall responsibility.The fourth part demonstrates the legitimacy of the military commission chairman’s responsibility system.It conforms to the operational characteristics of military power,the system design of the separation of powers of the state,and reflects the political laws governing political parties.Throughout history,the idea of military authority and the historical experience since the establishment of the army have also demonstrated their legitimacy.Across the world,the responsibility system of the head of military power is the universal choice of all countries,which confirms the superiority of this system.The fifth part,the construction of the military commission chairman responsibility system.The first is to uphold the leadership of the Party and ensure that the Central Committee firmly holds military power.We should exert the central role of the National People’s Congress and exercise control over military power through legislative and budgetary means.In view of the deficiencies of existing laws,it is suggested to formulate organic laws and conceive their specific contents. |