Military Justice
Military justice is part of the State’s Justice, which means under the authority of the military security departments, the military judicial departments and the military procuratorial departments’ judicial power to conduct investigation, prosecutorial, tr
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Military Justice
Section 1 Overview of Military Justice I. The Concept of Military Justice Military justice is part of the State’s Justice, which means under the authority of the military security departments, the military judicial departments and the military procuratorial departments’ judicial power to conduct investigation, prosecutorial, trial, and other related activities. Military judicial system comprises the system of rule of law-based judicial activities conducted by military judicial organization.1 Military Justice is an important part of the military jurisprudence. In the system of “Core Military Law”, military justice, interlinked with Military Administrative Law and Military Criminal Law, jointly form a complete theoretical and practical system of legal operation.
II. The Historical Development of Military Justice The military trial has a long history in China. In the Xia Dynasty, “±” (pronounced as Shi) initially indicated military judge, who would continue his duty as a litigator after the warfare ended since the governor still needed. Later, the military judge evolved as normal judiciary, which named as “士师” (pronounced as Shi Shi), “司寇” (pronounced as Si Kou), “廷尉” (pronounced as Ting Wei) and so on. Such titles have a close relationship with China’s ancient military. The military justice system has been initially formed in the Western Zhou Dynasty. The characteristics of military justice are: (1) Military trail in the army has been initially formed into an independent system. The military cases in Western Zhou Dynasty could prove that the military governor is the representative of the state power organs; (2) Execute the sentence, as 1 Liang
(1996). © Law Press China 2019 J. Zhou, Fundamentals of Military Law, https://doi.org/10.1007/978-981-13-6248-4_7
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“读鞠” (pronounced as Du Jü), which means reading the verdict; (3) The criminals could redeem him/herself by good service. During the Spring and Autumn Period, there coexist two systems: one is the military judicial power of the generals. The other is the military judicial power of the military judges. During the Tang Dynasty, the military justice system of the feudal society in China had been increasingly improved with two main characteristics: (1) Comparatively independent military trial system. The differentiation of the jurisdiction between military and civilian justice is comparatively clear. The military prefectures of the Tang Dynasty exercise judicial power independently. (2) The military governors who have envoy’s credentials given by the Emperor have huge military judicial power since they can decide who lives and who dies in their jurisdictions. During the Qing Dynasty, after the Qing troops took over the Shan Hai Pass, they established and gradually improved the military and civilian judicial system. They accept the whole of the military and civilian contentious jurisdiction abstracted from the Law of Ming Dynasty. The highest military judicial organization at that time is the five chief military commissi
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