Concept and Characteristics of International Military Law

International military law is a general term for international treaties and international customs that regulate the collective security of the international community and special relations relating to military interests. It is both a new branch of modern

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Fundamentals of Military Law A Chinese Perspective

Fundamentals of Military Law

Jian Zhou

Fundamentals of Military Law A Chinese Perspective

123

Jian Zhou The Political Academy, The National Defence University, The PLA Shanghai, China Translated by Jinjin Shao, Shenglan Tan, Xiaoyan Ge, Dongxiao You, Yang Kong, Aiai Wang, Qiong Jin, Hui Qu, Meimei Shi, Yishu Zhuang, Ruohan Sun

ISBN 978-981-13-6247-7 ISBN 978-981-13-6248-4 https://doi.org/10.1007/978-981-13-6248-4

(eBook)

Jointly published with Law Press China, Beijing, China The print edition is not for sale in China Mainland. Customers from China Mainland please order the print book from: Law Press China. Library of Congress Control Number: 2019930566 © Law Press China 2019 This work is subject to copyright. All rights are reserved by the Publishers, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publishers, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publishers nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publishers remain neutral with regard to jurisdictional claims in published maps and institutional affiliations. Proofread by Zhongli Qi, Dongxiao You This Springer imprint is published by the registered company Springer Nature Singapore Pte Ltd. The registered company address is: 152 Beach Road, #21-01/04 Gateway East, Singapore 189721, Singapore

Contents

Part I 1

2

Basic Theory of Military Law

Basic Terms of Science of Military Law . . . . . . . . . . . . . . . . . . . Section 1 Disciplinary Attribute of Science of Military Law . . . . . . I. Attribution of Science of Military Law . . . . . . . . . . . . . . II. Military Law Belongs to Public Law System . . . . . . . . . . III. Categories of the Military Law Studies . . . . . . . . . . . . . . IV. Relationship Between Military Law and Other Close-Related Disciplines . . . . . . . . . . . . . . . . . . . . . . . . Section 2 Evolution of Military Law . . . . . . . . . . . . . . . . . . . . . . . I. Emergence of the Science of Military Law . . . . . . . . . . . . II. Development of the Science of Military Law . . . . . . . . . . III. Patterns and Features of the Emergence and Development of the Science of Military Law . . . . . . . . . .