Chinese Military Law: A Brief Commentary On Captain Rodearmel's Article

• Author: by General Zhang Chi Sun
• Pages: 03

1. INTRODUCTION

   The article Militcw Lazc in Communisi China: Denelopmeni, Stmciure and Function, by Captain David C Rodearmel. appeared in volume 110, Milziary Lau,Review (Winter 1988). This article IS,so far as I have ever read, surely valuable, although the subject 1s

   a tough thesis to be worked out by a westerner. 40foreign scholar

   m this field has achieved such a depth as Captain Rodearmel has achieved. The primary problem in studying China's military law IS,perhaps, the acute lack of information available either inside or outside of China. Nevertheless. Captam Rodearmel collected hundreds of pieces of material from every possible source to build his thesis upon steady and strict foundations His article coven a wide range of various issuer in China's military law and affmnatively IS an informative, objective, and scientific work as a whole. It helps western schalan LO understand the military law of People's Republic of China (PRC) systematically, contributes much to the research of campararive military laws af the world, and promoter in some respects the friendly relationship between our two great countnes, as well as their armed forces. Finally, It @ves us, Chinese readen, an outline for learning what and how much foreign speciahsts know m this field.

   As Captam Rodearmel notes in his article, several difficulties ex- ist in the research of the military legal SSStem of the PRC It 1s thus

   '

   Chinese People P Liberation Army (Retaed) lfler ha retiremenr General Zhang was reappointed as a ci~llianlegal adiisor of the General Logisrics Department and concurrenfl?, n

   Deputy Chief of the CaunielChamberaf fheGenpralIagsricsDepan ment Prev~ourl) asswed as President Mlhmn Coun of the General Logsllcs Depan-menl. Prendent. Millran CouR of the Public Health Depanmenr of the PLA. Member Drafting Committee for 'Provamnal Regularions of the People's Republie of China on Punishing Serucemen Rho Commit Offeiises Against Their Durier ' Member of the Board of Directors of the Laa Society of China Gueir Pmfeisor, China Po Sclence and Laal Lmiemf). Bel~mg Author and translator of numerous books and BRICI~SO~la* published inChina from 1976todale Graduate of XaqmgUm>ersti (formerly the Central Lnlve-erjlr) of China) The author uishes to thank Professor Timoth) P Terrell of Emory Unliemfy and Colonel Davrd E Graham of The .Judge Advocate General E School for thew encouragement and assirtame ~n the writing of this commentaiy Addlrmnalli. General 2hang desirei to thank Professor We1 Jlqu of the China Legal Coniulfancy Center and Engineer Chou Mln of the China Coal Cherniifn Research Institute for supplilng technical support n %ell as reriewing and commenting on ponions of this cammenrarg

   no wonder that the author would make some errom in his paper some of which are misunderstanding% some statements are disputable. and some facts quoted by the author are questionable. All of this, haw-ever, can be attributed to the shortage of information and reaearch-ers in this field For the purpose of expanding this area of military legal research. some brief additions and I ~ Y L S ~ O ~ S

   made by a Chinese

   veteran of m~htawlaw may be appropriate.

   11. THE DEFINITION OF MILITARY LAW

   The article cited a defimnon of military discipline in China from "the authoritative Chinese military dictionary Ci Hal ''I The author here adopted the quotation from A Comporaline Engluh~Chtnese Dictionary oJMiltlary T e r n (R. Dolan, US. Defense Intelligence Agency. 1981) This 1s. however. an incomplete explanation First. Cz Hai (Word.Ocean Dictionary) 1s not a miltaw dictionary and second. the U.S dictionary defines only the term for "military disciphne, rather than for "military lax'. ' There 1s no definition for the term "miiitarr law" m Ci Hai at all Perhaps the reason for this absence LS that the authontatwe explanation of military law has not yet been made A s)mposium held by the People's Liberation Army (PLA) Military Academy in mid-summer 1088 was aimed at discussing the definition of military law The author of this cornmentaw attended the meeting. but no conclusion was reached. A draft manuscript of "The Mihtary Encyclopedia of China defines the term "mhtary law" as fallows

   Y~litarg Law LS a branch of laws, enacted. authorized and en^

   forced by the nation It integrates a specific legal system. whsh includes the iegislanon and amendment of military laws and acts hy the National People's Congress the promulgation of military ordinances and rules by the State Council and the Cen tral Militaly Commissmn. and the enactment of mhrar) iegula tmns and directives bg executive organs of the central gwern ment and b> ihe militan general departments All of these laws. rules. regulations. and directives must be based upon the Con stitution of China. and are mainly concerned with matters of national defense and [he operation...