Military Legal System in China USI - Occasional Paper

The Constitution of the PRC is the fundamental It plays the most significant role for the military law of the country and and subjects members of general charter of the state Article 55 of the Constitution the armed forces to the administration and national dictates that it is the sacred duty jurisdiction of both civilian security.10 Article 5 of the of every citizen of the PRC to and criminal law. [...] the power and passed by the standing committee of Article 8: Soldiers must abide by the military’s the National People’s Congress (NPC) and issued orders and regulations, be loyal to their duties, and in the form of Presidential Order.11 The position fight for the defence of the motherland at any time. [...] The military The Crime of Endangering the Material Base courts are standing courts organised under Organic of the Army’s Fighting Capacity: Crimes in this Law of the People’s Court and the Organic Law of category includes violating the regulations on the the People’s procuratorates (prosecutor). [...] The Military Courts in Headquarters of Commands, Services and Arms (as a branch of Crimes relating to Infringing on the Interest of the the political department of the corps);22 and Subordinates, Wounded Soldiers, Civilian and The Military Courts of Army Garrisons, Groups Prisoners: Crimes are maltreating subordinates; abandoning the wounded and sick servicemen; and Arms (as a branch of the politi. [...] The rank of the chief justice or president of the Military Court of the PLA corresponds to the Vice President of the Supreme People’s Court, and that of the Chief Procurator corresponds to the Deputy Chief of the Supreme People’s Procuratorate.