论文部分内容阅读
逃离部队罪是涉及部队人员管理秩序方面的犯罪。由于我国刑法在立法条文上对该罪的规定较为概括和笼统,特别是对该罪适用的主体要件规定不甚明了,使其部队管理人员和司法人员在适用该罪时,难以把握对该罪的主体认定。对逃离部队罪的主体要件加以明确规定,可以更加科学、规范地管理部队,军事司法机关可以对逃离部队的行为更准确地定罪量刑,从而确保军队的高度统一和安全稳定。
Escaping from the armed forces is a crime that involves the management of the order by force personnel. As our criminal law in the legislative provisions of the crime more general and general provisions, especially for the main elements of the crime is not clear, so that its army managers and judicial officers in the application of the crime, it is difficult to grasp the crime The main body finds. The main elements of the crime of escaping from the armed forces should be clearly stipulated, and troops can be administered more scientifically and regularly. The military judiciary can more accurately convict and sentence the behavior of people escaping from the armed forces so as to ensure a high degree of military unity and security and stability.