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军事法院是专门法院,是属于我国司法审判机关,享有国家的司法审判权,军队内部的刑事案件以及双方当事人都是军内单位的经济纠纷案件属于军事法院管辖范围,军内民事案件由地方法院管辖,但是随着改革开放和军队建设的发展,军民之间关于人身财产的民事案件大量增加,2001年,最高人民法院在《关于军事法院试行审理军内民事案件问题的复函》(法函[2001]33号)中,指定军事法院试行审理军内民事案件,这也引起一些争议。那么军事法院对于此类民事案件是否享有管辖权?其法律依据何在?本文主要内容是探讨军事法院管辖民事案件的法律依据。
The military courts are specialized courts and belong to the judicial judicial organs in our country. They enjoy the judicial power of the state. Criminal cases within the military and economic disputes involving both parties are the military courts. Civil cases within the military are controlled by local courts However, with the development of reform and opening up and the building of the armed forces, the civil cases involving property and property between the army and the civilian population have increased substantially. In 2001, the Supreme People’s Court stated in its reply "On the Trial Trial of Civil Cases of Civil Cases by Military Courts [2001] No. 33), the designation of military courts to try civil cases in the military on trial has also caused some controversy. So the military court for such civil cases whether to enjoy jurisdiction and its legal basis? The main content of this article is to explore the military courts jurisdiction over civil cases of legal basis.