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军事法学,是以国防和军队建设有关的各种法律规范和军事法制建设现象为主要研究对象,阐明军事法基本理论问题的一门科学,是马克思主义法学体系中的一个独立的分支学科。近几年来,在党和国家民主和法制建设的推动下,在中央军委明确提出的“依法治军”方针指引下,军事法学的研究逐步兴起,并已初步确立了在我国法学领域中的应有地位。一、军事法学研究的概况军事法自古有之,但是真正把它作为一门单独的学科提出来研究,在国外则是本世纪以来的事,在我国是近几年来才开始的。1984年出版的《中国大百科全书》(法学卷),在卷首著名法学家张友渔、潘念之的著述中,曾认为军事法属于法学研究的范围,首次提出了军事法学在法学领域中,占有重要和独立的位置,是一门必须认真对待和加以探索的新的学
Military law, which is based on various legal norms and military legal construction related to national defense and army building as the main research object, expounds the basic theory of military law as a science and is an independent branch discipline in the legal system of Marxism. In recent years, under the guidance of the party’s and the state’s democracy and the legal system, and under the guideline of “governing the army in accordance with the law” clearly set forth by the Central Military Commission, the study of military jurisprudence has been gradually emerging and has been tentatively established in the field of law in our country Should have its place. I. General Survey of Military Law Studies Since ancient times, the military law has been studied. However, it has really been studied as a separate subject. It has been the subject of this century in foreign countries and it has only started in our country in recent years. The encyclopedia “Encyclopedia of China” (Law Volume), published in 1984, held the view that military law belongs to the scope of legal studies in the writings of the famous jurists Zhang Youyu and Pan Nianzhi. It is the first time that military law occupies an important position in the field of law science. An independent position is a new science that must be taken seriously and explored