论战时军事刑事诉讼法律制度

战时军事刑事诉讼法律制度对未来高技术战争中的军事刑事诉讼活动具有十分重要的作用。针对我国战时军事刑事诉讼法律制度薄弱的状况 ,依照“平战分治”的原则 ,构建我国战时军事刑事诉讼法律制度势在必行。战时军事刑事管辖权应当适应战争环境 ,具有特殊规定 ;战时刑事侦查制度应当在特定条件下 ,赋予军事指挥官一定的侦查权力 ;战时公诉制度应当改进战时审查起诉和提起公诉的方式 ;战时军事审判机关的设置和程序 ,需要相应的法律予以完善

On the Legal System of Military Criminal Lawsuits at Wartime

Legal system of military criminal lawsuits at wartime is of great importance to actions of military criminal lawsuits in high-tech wars in the future .It's urgent to establish our country's legal system of military criminal lawsuits at wartime in accordance with the principle of "governing differently between peace and wartime" so as to strengthen the weakness of our country's legal system of criminal lawsuits at wartime.The governing power of military criminal at wartime should adapt to war situations,bearing some specific regulations;the detective system of military criminal at wartime should reinforce certain detective rights to military commanders under special situations;the ways of examining prosecution at wartime and the institution of public prosecution should be bettered with the system of public prosecution at wartime;the institution and process of military trial administration at wartime should be perfected due to certain regulations of law.