军事法与战争法之间关系的准确定位

军事法和战争法分属国内法与国际法两个不同的法律体系,对军事法和战争法之间的关系给予准确的界定,具有重大的理论意义和实践意义.对于两者之间关系的定位,应该从法的渊源、各国的法律实践、军事法和战争法两者与战争或军事的特殊关系、军事审判和追究战争者法律责任等不同的角度加以分析确定.战争法是军事法的一个分支部门,在我国的军事法体系中建立战争法分支部门刻不容缓.

An Accurate Definition of the Relationship between the Military Law and the Law of War

Military law and the law of war separately belong to two different legal systems. It is of great importance both in theory and in practice to accurately define the relationship between the military law and the law of war. The definition of the relationship should be analyzed and considered from different angles, among which are the legal sources, the legal practice of all countries, the particular relationship between military law and the law of war with the war or military affairs, the military trial, and the prosecution of those war criminals. The law of war is an offset branch of military law. We can waste no time in establishing the law of war embranchment in the military law system.