专业论文写作和论文发表机构,诚信为您服务!如有需求,请与我们联系,谢谢!
返回首页您现在的位置: 梦想论文发表网 > 法律论文 > 法学论文 > 文章内容

战场涉法问题的相关问题

作者: admin 来源: 未知 时间: 2017-06-29 阅读: 在线投稿

The handling of law related problems in battlefield refers to the observance and application of relevant legal problems encountered in the course of operations. The problem involving the law is proper disposal of the battlefield, not only relates to personal interests and life safety, but also can fight for the overall military action, to promote legal advantages operations smoothly and achieve the final victory in the war have significant influence. The future combat troops, often at the forefront of military struggle, is the first touch wartime legal struggle and final executive has an important responsibility to deal with problems involving the battlefield, be familiar with the relevant legal knowledge, grasp of the legal regulation, improve the battlefield legal issues involving the disposal capacity, and strive to create a favorable environment and conditions in order to achieve military objectives.

First, consciously obey the intention of combat

The conflict of law in battlefield and the decision-making intention of war are essentially interlinked in politics. They are the concrete embodiment of national interests and strategic intentions. The disposal of battlefield law related to fully understand its political sensitivity, policy oriented and global strategy, firmly establish political awareness, overall awareness and sense of policy, starting from the highest to safeguard the interests of the country and the people, focus on the global political, diplomatic and military struggle, and resolutely implement the Party Central Committee and the Central Military Commission of the strategic decision and determination to ensure the correct direction of disposal, legal problems. Close coordination with military operations. Handling battlefield related legal problems is only a supplementary means. If we want to win the war, we must rely on a strong comprehensive military strength. So, the disposal of battlefield law related must serve the central task, close combat objectives, tasks and processes, adhere to the disadvantages, the flexible use of operational rules, provide powerful legal support for our military operations, the passive situation of the enemy in a suppression of oppression. Before the war and war period, to vigorously promote the justice of the legitimacy of one's own use of force, to expose the illegal use of force of the enemy of ugliness, inspire Soldiers War sense of pride; in the process of operation, comprehensive use of legal rules, restrictions, and fight against the enemy side, exposing illegal operations, actively expand its military activities in space and strive to maximize operational freedom; to combat the end of the stage, at a higher level under the guidance of the focus in the form of law to consolidate the achievements of military struggle, realize the military struggle to achieve political purposes. Around the battlefield combat missions disposal law related issues, we must uphold the principle, the principle of use, the implementation of the enemy against oppression and restriction, at the same time we should also clearly see the legal problem of disposal is a double-edged sword, has two sides. If we do not handle properly, we may be exploited by the enemy and become the enemy of public opinion propaganda and legal attack, so I am in a passive and unfavorable situation. So, we must conscientiously strengthen legal control in action, respect the rules of international law, abide by the domestic law, the strict implementation of our army discipline and ensure that our military operations, enabling a rational section.

 Two, correctly identify the target

Only when the target is correctly identified can the illegal military attack be effectively avoided. Selecting target quickly and correctly is the important content to deal with the law related problems in the battlefield. First, officers and soldiers should be able to recognize protective marks skillfully. In international war and the law of armed conflicts, officers and men must memorize symbols and quickly identify the targets of prohibition and the objects and objects that have been protected and have relatively definite or special identification. Specific operations, beware of enemy soldiers and other illegal operations take malicious treachery, intentional use of protected signs, to damage or attack on my enemies. Especially with the wide application of information network technology in the field of military operations, many methods and ways of breakthrough in the traditional sense of the definition of war and armed conflict, many objects and facilities of a military one, Internet sharing phenomenon is more prominent, thus blurring the boundaries between military and civilian and military and non military targets, for whether it should be protected by the judge and distinguish the difficult. This requires officers and men must combine the actual situation of the battlefield, correctly treat the protection signs, flexible disposal according to law, to avoid harm to me. Secondly, we should be able to accurately determine military targets. A decisive strike must be taken against the military targets that have been proved. Third, we should learn to use operational principles to select target. There are five basic principles in the International War Law: the principle of military necessity, the principle of humanity, the principle of distinction, the principle of limitation and the principle of proportionality. The basic rules of these principles is the standard combat behavior, is the main basis we weigh whether the target attack, must be comprehensive consideration, flexible use, not only cannot be applied, but can not be discarded. By using operational principles to identify targets, we should pay attention to balance the relationship between military needs and humanitarian requirements, and try to avoid incidental damage to civilians and civilian objects.

Three, highly vigilant legal trap

The law is a belligerent country trap by using the law of war, to induce the other illegal operation behavior, in order to obtain military benefits and political fraud. As the legal trap has the characteristics of deliberate, concealment and deception, it is difficult to handle. Once caught in the trap, it will be wantonly expanded by the other party, causing the other party to be politically and morally passive. When officers and soldiers are dealing with law related issues in the battlefield, they should maintain a high degree of vigilance against the legal traps set by the enemy. The legal common pitfalls are: out of thin air by fabricating facts, First impressions are strongest, cheat each other in public opinion, legal in passive way beyond dispute through deliberate confusion; military and non military targets, protected persons and non protected persons and other means, to make the judgment of the party, caused by illegal operations in collateral damage; seize each other the legitimate military action, greatly exaggerated the damage process, widely rendering its sphere of influence, the other in the public discourse of embarrassment, etc.. In actual combat, and often in the battlefield situation is extremely complex and the environment, to quickly and accurately identify legal traps will be difficult, therefore, in peacetime will organize officers and the strengthening of the international law of war to learn, be familiar with the basic knowledge and operational rules, master the necessary knowledge to identify and prevent legal traps to drill; a thematic study often organized to deal with the legal trap, combined with operational tasks and characteristics of the season, military combat opponents, legal battle style means used to familiar opponents, and problems that may be encountered in the simulation training, enhance their identification and prevention of legal trap combat skills. In the specific operation process, to guide the officers collecting battlefield law related information, a comprehensive analysis of the battlefield law related elements, judged the enemy action in an attempt to calm, to see through the enemy advance legal traps, and take effective measures to deal with.

Four, pay attention to the collection of information evidence

It is an important task for the basic units to collect the evidence of battlefield related law in a comprehensive way, and it is also the key link for the timely and effective disposal of the law related issues in the battlefield. Collect related information battlefield, we should pay attention to our collection and preservation operations, strict discipline, legal justice evidence, to a comprehensive collection of illegal operations, save the enemy invasion harm people, inhuman acts of evidence. We collected and preserved related information include: on the controversial target confirmation is military target evidence; the measures taken to reduce operations to civilians and property collateral damage; strictly enforce discipline, discipline of the masses and the battlefield treat evidence; illegal acts caused by enemy theater people and objects seriously we take the initiative to give up some damage to the interests of the military evidence, etc.. Collect information of enemy combat illegal evidence preservation include: treachery combat behavior evidence; evidence of the use of attack unable to distinguish black from white; the international war law explicitly prohibited the use of weapons and ammunition evidence; attack our civilians and civilian objects or theater under the guise of evidence; protection provisions of international law of war marks used for military purposes, evidence, etc.. The basic procedure of collecting battlefield legal information is now the investigation, collection of goods, personnel export license and empirical image data, comprehensive analysis, mining the truth, timely summary report on etc.. Battlefield information collection and preservation law related evidence, should pay attention to timely, accurate, objective and effective to ensure that the typical law related information, evidence of effectiveness, accuracy and authority, make my initiative and discourse can grasp the legal struggle, to win greater military interests and political benefits for me.

上一篇:刑事速裁程序运行存在的问题分析 下一篇:安徽黑社会性质组织案件调研

相关阅读

发表文章

最新评论

更多评论
请自觉遵守互联网相关的政策法规,严禁发布色情、暴力、反动的言论。
友情提示: 登录后发表评论,可以直接从评论中的用户名进入您的个人空间,让更多网友认识您。