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剥夺军衔,作为对部分较重犯罪现役军人、退役军官和预备役军官的一种处罚,一直伴随着我国军衔制度的实行而在实践中适用,并在预防和惩治军人犯罪方面发挥着不可替代的作用。然而,由于我国现行刑法对其尚无明文规定,使剥夺军衔在概念和类型等问题上一直存在争论,一定程度上影响到剥夺军衔的实施效果,损害了国家的军事利益和犯罪军人的合法权益。因此,本文按照理论结合实践的研究方法对剥夺军衔的概念和类型进行了有益探索。
The deprivation of military rank, as a punishment for some heavily guarded active military personnel, retired military officers and reserve officers, has always been applied in practice along with the implementation of our military rank system and has played an irreplaceable role in the prevention and punishment of military crimes . However, since there is no express provision in our existing criminal law, there has been controversy over the concept and type of deprivation of military rank which will affect to some extent the effect of depriving the military rank and the national interests of the military and the legitimate rights and interests of criminal soldiers . Therefore, this article makes a useful exploration of the concept and type of military rank deprivation according to the theory and practice research methods.