行政法视野下国防行政体制的改革

国防行政不同于军事行政。军事权是一项独立的国家权力,而国防权隶属于行政权。国防与军事的分离,军政与军令的分离,是构建国防行政体制的基础,是国防行政体制改革的前提。国防行政体制的改革与完善,对"依法行政"与"依法治军",对国防行政相对人合法权益的保护与救济,对国防建设与军队建设,都具有十分重要的意义。

The Reform of the National Defense Administrative System under the Administrative Law Visual Angle

The National Defense Administration is not the same as the Military Administration.The military affairs is an independent national authority,however,the defense affairs is one part of the administrative power.The departures of the military and defense affairs,as well as the military management and the military command,are the foundation of constructing the national defense system.They are also the premise of the reform of the national defense system.The reform and improvement of the national defense system has a great meaning to the administration by law,military management by law,protection and redress to the legal interests of the people who is under the national defense administration and the construction of the national defense and army as well.