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对军事司法权的正确界定,是深入研究军事司法权相关问题的基础。战争并未将依法治军与依法治国隔离,军事法治始终是依法治国的有机组成部分。军事司法权的属性是国家司法权,而并非司法权和指挥权的下位权力。军事司法权制度的设计应当遵循平时为主,战时为辅的原则。军事司法权的被动性是军事司法活动的内在要求,军事司法权的被动性排斥主动性。
The correct definition of military jurisdiction is the basis for an in-depth study of issues related to military jurisdiction. The war did not separate the rule by law from the rule by law, and the rule of law by the military was always an integral part of governing the country according to law. The property of military jurisdiction is the national judicial power, not the lower power of judicial power and command power. The design of the military judicial system should follow the principle of giving priority to peacetime and supplementing wartime. The passiveness of military judicial power is the inherent requirement of military judicial activities, and the passive rejection of military judicial power takes the initiative.