National defense laws and regulations came into being with the emergence of countries and wars. There are records in China ancient books that "learning from the law" and "punishment from the soldiers", which shows that national defense laws and regulations originated from war practice. Because the main form of national defense activities is military struggle, national defense regulations can also be called military regulations.
In slave society, the main form of military laws and regulations is the oath issued by the rulers before the war. For example, in the Book of History compiled by Kong, there are chapters such as Gan Shi, Tang Shi, Mu Shi, Da Shi and Fei Shi. These are not only war mobilization orders, but also the original military regulations.
For example, the oath of Gan is the oath issued by the ruler before fighting in this place. Gan is the hometown of Hu family, located in the north of Zhengzhou City, Henan Province. The Battle of Gan took place in 2070 BC, which was a war against Hu. Qi is the son of Dayu and the founder of the first slavery dynasty "Xia" in China. As we all know, before the summer, the replacement of tribal alliance leaders implemented the abdication system. Jade is also preparing to implement the abdication system. He chose Hao Tao as his successor, Hao Tao died early, and Boyi as his successor. But after Yu's death, Qi and Boyi started a power struggle, and finally Qi defeated Boyi and became the King of Xia. Since then, the succession to the throne has changed from abdication to heredity. In the process of replacing the old and new systems, some tribes were not convinced, and they were not convinced when they had Hu's family, so they began to levy Hu's family. Before the war, Kay called the heads of the six armies to hold a combat meeting and solemnly announced to the heads of the six armies:
"Hu threatened the five elements and abandoned the three positives. God used it to destroy his life. Today, I will be punished for being respectful. " This passage means that there is a Hu family who openly violates the meaning of the five elements and betrays the right path of heaven and earth, and God wants to cut off his fate. Now I can only punish him according to my fate. This is to mobilize the war, announce the charges of the Hu family and make yourself famous. Then, he began to legislate. Xia Qi declared: "It is disrespectful for the left not to attack the left, and it is disrespectful for the right not to attack the right. Resistance is wrong and disrespectful. Repay your ancestors with your life. With a lifetime, it is in society. " At that time, vehicle warfare was an important form of combat. A chariot usually has three soldiers. Left bow, main shot; Hold the right hand, the main thorn; In the middle, master control. It means: the samurai on the left side of the chariot didn't try to shoot an arrow to kill the enemy, so you didn't carry out the order seriously; If the soldiers on the right side of the chariot don't try to fight and kill the enemy, you won't seriously carry out your orders; The coachman can't control the horses and chariots correctly, and you haven't carried out the orders seriously. Those who serve bravely will be rewarded before the spirits of their ancestors; Those who are afraid of death will be beheaded in front of the land god. "(The ancients thought that the ancestors were Yang and the country was Yin, so they rewarded the ancestors and killed the country. )
This is the military law centered on rewards and punishments in ancient China. It can be seen that with the progress of the country and the war, military laws and regulations came into being.
Entering the feudal society, the form of military laws and regulations has changed obviously. At this time, there will be a stable written law, which is no longer a temporary military oath. Moreover, the adjustment scope of military laws and regulations has been continuously expanded, and military legislation, justice and supervision systems have been gradually established.
Qin was the first feudal country in the history of our country to pay attention to the rule of law and the unity of the rule of law. According to the bamboo slips unearthed in Yunmeng Crouching Tiger Land, Hubei Province, there were 29 kinds of laws in the Qin Dynasty, including Military Commandments Law, Garrison Law and Fufa Law. The military title law is a law that confers a title on oneself or pardons relatives' guilt according to military exploits; The Garrison Law is a law on border defense and city defense; Law Fu is a law about military service system. Fu, the name of the book, means written on the roster, which is equivalent to military service registration now. According to the laws of the Qin Dynasty, men should sign up for military service at the age of 17.
During the Sui and Tang Dynasties, military laws and regulations were more perfect. The Tang Dynasty formulated a series of military laws and regulations, such as the Prosperous Age Law, the Military Defence Order, the Ministry of War Order and the Ministry of War Style, and formed a relatively complete system of military laws and regulations. Notes on the Six Codes of Tang Dynasty: The law convicts with positive punishment, makes it a model system, forbids violations to stop evil cases, and follows the rules. Generally speaking, laws are criminal laws, decrees are laws about the basic systems of the state and the army, cases are specific administrative laws, and forms are procedures.
After the rulers of Mongolia in Yuan Dynasty entered the Central Plains, they also attached great importance to the construction of military legal system. Its uniqueness lies in the establishment of a special chapter on military law for the first time in the code, and the formulation of various military "strip paintings", such as "strip paintings of the 23 provinces" and "strip paintings of the 14 armies" as the basis for running the army.
The Ming Dynasty, which integrates the art of war in the past dynasties, has important innovations. Daming Law changed the practice of dividing the general law into several articles since Qin and Han Dynasties, focusing on one military law, making Daming Law and Military Law the basic laws covering the overall military situation. In line with this, there are also many special military laws and regulations, such as the Military Health Law and the March Order.
Based on the Daming Law, the Qing Dynasty formulated the Qing Law and made military orders according to the characteristics of dynasties. Later, the Military Code was revised regularly, and eventually a large number of military legal norms with strong timeliness were formed.
Since modern times, China has complied with the historical trend of the world's military reform, and made some progress in the construction of military legal system by drawing lessons from the western thought of rule of law. 1933 in June, the government of the Republic of China promulgated the first military service law in the history of our country, which stipulated the conscription system and established the reserve system. However, due to the Kuomintang's political corruption, internal troubles and foreign invasion, and the chaotic situation, the military service law has not been well implemented, and the expansion of the Kuomintang army often depends on recruiting able-bodied men.
After the founding of New China, China attached great importance to the construction of national defense laws and regulations, and soon promulgated the Military Service Law, the Regulations on Militia Organizations and various military laws and regulations. Especially since the reform and opening up, the state has strengthened national defense legislation, formulated a series of national defense laws and regulations, and initially formed a national defense legal system with China characteristics.
China's national defense laws and regulations system is divided into four levels according to the legislative authority: the first level is the law. Laws are formulated by the National People's Congress and its Standing Committee. At present, there are 15 national defense laws, including 1 1 national defense laws and 4 decisions on legal issues. For example, the decision to amend the military service law and the decision to establish a national defense education day have the same effect as the law. The second level is laws and regulations. This regulation was formulated by the State Council and the Central Military Commission. The military regulations formulated by the Central Military Commission are 126. There are 39 military administrative regulations formulated by the State Council or jointly formulated by the State Council and the Central Military Commission. Total 165 pieces. The third level is laws and regulations. Military laws and regulations are formulated by the headquarters of the Military Commission, arms and services and military regions, and military administrative laws and regulations are jointly formulated by the relevant ministries and commissions of the State Council and the relevant headquarters of the Military Commission. There are more than 2500 existing regulations. The fourth level is local regulations. It is the implementation measures, detailed rules and supplementary provisions for the implementation of national defense laws and regulations formulated by the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government and their standing committees.
China's national defense laws and regulations are divided into sixteen categories according to the adjustment fields: first, the basic law of national defense; Second, the national defense organization law; Third, the military service law; Fourth, military administrative law; Fifth, military criminal law; Sixth, the military procedure law; Seventh, national defense economic law; Eighth, the national defense science, technology and industry law; Ninth, the national defense mobilization law; Tenth, the national defense education law; Eleventh, the law on the protection of military rights and interests; Twelfth, the law on the protection of military facilities
At present, China's national defense laws and regulations can basically adapt to the national legal system and basically meet the needs of national defense and army building. Basically, this means that China's national defense laws and regulations system is not perfect. The main manifestations are that some important laws have not yet been promulgated, the contents of the promulgated national defense laws and regulations are not complete enough, some provisions are not operable, and the task of building the national defense legal system is still very heavy. But generally speaking, there are laws to follow, and national defense and army building have begun to embark on the track of legalization.