Full Text: China´s National Defense in 2006

Military Legal System

During the Tenth Five-Year Plan period, the Standing Committee of the NPC, the State Council and the CMC, exercising their prescribed functions and powers, formulated and revised 99 military laws and regulations. The general headquarters/departments, military area commands, Navy, Air Force and Second Artillery Force formulated and revised nearly 900 military rules and regulations. In 2006, the CMC began to implement its law-making program for the Eleventh Five-Year Plan period. In a period of five years, a military legal system will take shape which covers multiple aspects, and is coherent, scientific, closely knit and well-designed.

As military courts exercise the function of civil trial within the military, military procuratorates have begun to conduct civil prosecution on a trial basis and supervise civil trials in the military in accordance with the law. In line with the regulations on the people's supervisory system practiced by civil procuratorates, military procuratorates have started to introduce, on a trial basis, a system of servicemen's supervisors to strengthen supervision over investigation of misconduct on duty. In conformity with the requirements of the state's procedural law, a new servicemen's jury system has been established, which specifies the selection of jury members and the procedure for the performance of their duties. In keeping with the state's judicial system, the PLA has instituted a specialized rank system for military judges and procurators which consists of 11 grades at three levels. This has enhanced the professional performance of the military judicial personnel.

In recent years, based on the experience gained from appointing military lawyers at the three levels of combined corps, division and brigade in the Army, units at and above the brigade level in the Second Artillery Force have also started to be staffed with military lawyers. The General Armaments Department and the Navy have set up professional legal advisory offices concerning national defense patents and maritime issues. Military lawyers have played an active role in providing support to commanding officers and organs in decision-making, defending defendants in criminal trials, and undertaking civil cases to protect the legitimate rights and interests of military units and personnel.