What's new in the newly revised National Defense Law
——Interview with Wang Shumei, researcher of the Academy of Military Law of the Academy of Military Sciences
【Lecture Wutang】
The country is defenseless, and the people are defenseless.
The newly revised "National Defense Law of the People's Republic of China" has come into effect on January 1, 2021.
What is the background of this revision?
What has been revised?
What are the new regulations on national defense education?
The reporter interviewed Wang Shumei, a researcher at the Academy of Military Law of the Academy of Military Sciences, on issues of concern to everyone.
1. Revision of the National Defense Law is the need of the times
Reporter: New China's first national defense law was promulgated and implemented in 1997.
Now that more than 20 years have passed, the world situation, national situation, party situation and military situation have undergone major changes. Could you please talk about the main reasons for this revision of the National Defense Law?
Wang Shumei: The main reasons for this revision are as follows: First, the situation and demands facing national defense and army building have undergone major changes.
In today’s world, major changes unseen in a century are accelerating the evolution, a new round of scientific and technological revolution and industrial revolution are developing in depth, the international strategic pattern is deeply adjusted, and my country’s security environment is intricate and complicated. New requirements are urgently required to promote the simultaneous improvement of national defense and economic strength. The national defense legal system needs to be adjusted accordingly.
The second is to fully implement the strategic deployment of the Party Central Committee and Chairman Xi.
Since the 18th National Congress of the Communist Party of China, Chairman Xi has considered and planned national defense and army building from the grand plan of governing the country, and put forward a series of new theories, new thoughts and new judgments. It is urgent to elevate these strategic decisions to the party and the state through legal procedures. Will is fully reflected and embodied in the basic laws of national defense.
The third is to confirm the results of the reform of national defense and army building.
Entering the new era, national defense and army building have undergone an overall revolutionary change. The leadership and command system of the armed forces, scale structure and force composition, and military policy system reforms continue to advance. The national defense and army building system, structure, layout, and appearance have undergone a new look, which is urgently needed These reform results will be institutionalized and standardized in the National Defense Law.
The fourth is to improve the socialist military legal system with Chinese characteristics.
As a key component of the military legal system, the national defense law is the parent law of this system. It plays a leading role. The comprehensive revision of it can provide a solid upper law basis for the formulation and revision of national defense laws, national defense regulations, and national defense regulations. Accelerate the reform of military policies and systems, and systematically improve the military legal system with Chinese characteristics.
2. A more comprehensive revision
Reporter: On August 27, 2009, the 10th meeting of the Standing Committee of the Eleventh National People's Congress passed a decision on amending some laws. The "expropriation" in laws and legal interpretations including the National Defense Law was changed to "expropriation, requisition".
This amendment only involves two provisions in Article 48 of the National Defense Law, and the scope of the amendment is very small.
The National Defense Law passed at the 24th meeting of the Standing Committee of the 13th National People’s Congress on December 26, 2020, revised 54 articles, added 6 articles, deleted 3 articles, and adjusted the chapter names of Chapters 4 and 5. , The revised National Defense Law has 12 chapters and 73 articles.
Could you please talk about what aspects are involved in this revision?
Wang Shumei: This is a relatively comprehensive revision, and its content can be summarized in 10 aspects: First, it has strengthened the party's centralized and unified leadership over national defense activities.
A new guiding ideology has been added, which clearly regards Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thinking of the "Three Represents", the Scientific Outlook on Development, and Xi Jinping’s Thought on Socialism with Chinese Characteristics for a New Era as the guiding ideology for my country’s national defense activities.
Emphasize that the state exercises unified leadership over national defense activities and that the armed forces are under the leadership of the Communist Party of China.
The second is to improve the national defense authority of national institutions.
The State Council and the Central Military Commission’s national defense functions have been optimized and adjusted; in accordance with the provisions of the Constitution, the content of "Central Military Commission’s Chairmanship System" has been added.
The third is to improve the legal system of the armed forces.
The mission and tasks of the "four strategic supports" of the Chinese People's Liberation Army in the new era have been added; the People's Liberation Army and the Armed Police Force have been added to implement a civilian personnel system in prescribed positions.
The fourth is to broaden the scope of national defense activities.
The original "frontier defense, coastal defense, and air defense" has been expanded to "frontier defense, coastal defense, air defense, and other major security field defenses", and clearly stipulated: "The state shall take necessary measures to maintain space, electromagnetic, cyberspace and other major "Security of activities, assets and other interests in the security field".
Fifth, the legal system for national defense scientific research and production and military procurement has been improved.
For the first time, "innovation-driven, independent and controllable" was incorporated into the national defense research and production policy; new content such as "the country makes full use of the superior resources of the whole society", "accelerates independent research and development of technology", "improves the national defense intellectual property system, and promotes the transformation of national defense scientific and technological achievements"; The socialist market economy system and the law of value require that "military orders" be revised to "military procurement."
Sixth, the legal system for defense funds and assets has been improved.
The original “State’s financial appropriation system for national defense expenditures” was revised to “national defense expenditures are subject to budget management in accordance with the law”; a new “technical achievements in national defense assets, on the premise of adhering to national defense priority and ensuring safety, can be implemented in accordance with relevant national regulations For other purposes" and other content.
Seventh, the legal system for national defense education has been improved.
It stipulates that "the competent department of national defense education should strengthen the organization and management of national defense education, and other relevant departments should do a good job of national defense education in accordance with their prescribed duties."
Eighth, the legal system for national defense mobilization has been improved.
In accordance with the reform of the national defense mobilization leadership system and the needs of national defense mobilization, it is stipulated that "the national defense mobilization leading agency, the central state agency, and the relevant departments of the Central Military Commission shall organize the preparation and implementation of national defense mobilization in accordance with the division of responsibilities."
Ninth, it has strengthened the protection of military obligations and rights.
New soldiers must be "loyal to the Communist Party of China" obligation requirements; implement the chairman's requirement of "letting soldiers become a profession respected by the whole society", focusing on regulations on the status, honor, rights and related guarantees of soldiers.
Tenth, the legal system for foreign military relations has been improved.
Added "Maintenance of the international system with the United Nations as the core and international order based on international law"; a new article on the use of armed forces overseas to protect the safety of overseas Chinese citizens, organizations, institutions and facilities in accordance with the law, and participate in United Nations peacekeeping and maritime operations Convoy, joint exercises and training, combating terrorism, etc.
3. The defensive national defense policy was written into the national defense law for the first time
Reporter: For the first time in the newly revised National Defense Law, "the People's Republic of China pursues a defensive national defense policy" is written into it. What kind of consideration is it based on?
What are the new contents of the revised National Defense Law in implementing the overall national security concept?
Wang Shumei: A defensive national defense policy is a consistent proposition of our party and country.
Whether it was at the beginning of the establishment of a poor and white New China, in the era of reform and opening up when the economy and society were rapidly developing and GDP ranked second in the world, or in the new era of socialism with Chinese characteristics that is getting closer to the center of the world stage, China has unswervingly insisted on defense. Sexual defense policy.
The newly revised National Defense Law clearly stipulates that "the People's Republic of China pursues a defensive national defense policy" and confirms the defensive national defense policy in the form of basic national defense laws. This is the first time in the history of my country's national defense legislation.
Compared with the 1997 National Defense Law, this statement is clearer and clearer. It not only reflects the defensive and self-defense attributes of our national defense activities, but also shows the value orientation that national defense activities should adhere to, and is of great significance: it is clearly stated in legal form. China pursues a defensive national defense policy, and has transformed the long-term policy propositions and practices of the party and the state into the will of the state through legal procedures, making it more universal, normative and compulsory; it has effectively fought back against individual countries’ The malicious attacks of "the power of the country must hegemony", "China threat theory" and "wolf war diplomacy" also declared to the world that the purpose of China's national defense construction is limited to its own defense and legitimate needs, which is conducive to showing that China loves peace and persists in peaceful development. The international image of the road.
On the basis of the principles and provisions of the National Defense Law of 1997 on the development of national defense activities, the newly revised National Defense Law adds new provisions that "the People's Republic of China pursues a defensive national defense policy", together with "conduct military exchanges and cooperation" and "promote the building of a community with a shared future for mankind." These new contents together constitute a defensive policy system in the new era, fully demonstrating our country’s values of focusing on defense, seeking peace, seeking reunification, and advocating war for justice.
The overall national security concept was put forward by President Xi at the first meeting of the Central National Security Committee in April 2014.
To implement the Chairman's overall national security concept, the newly revised National Defense Law stipulates in its general provisions: National defense activities adhere to the overall national security concept, and build a consolidated national defense and a powerful armed force commensurate with my country's international status and national security and development interests.
This provision raises the overall national security concept to the height of the basic national defense law to regulate, demonstrates the safeguarding function of military security for other security, and serves as an important part of the guiding ideology of national defense activities in the new era. It fully reflects the adaptation of the national defense law to the requirements of the times. Legal character that keeps pace with the times.
In the sub-provisions, the overall national security concept has also been specifically embodied.
For example, Articles 67 and 69 of the chapter "Foreign Military Relations" clearly stipulate that: China "adheres to a common, comprehensive, cooperative, and sustainable security concept", "participates in multilateral dialogue and negotiation in the security field, and promotes the formulation of universally accepted, fair and reasonable International rules".
These regulations reflect China's internal pursuit of development, reform, and stability, and external peace, cooperation, and win-win results. It also shows that China's military forces both value the protection of its own security and common security, and build a community with a shared future. , To push the international community toward the goal of mutual benefit and common security.
4. Persist in national defense and strengthen national defense education
Reporter: The Fifth Plenary Session of the 19th Central Committee of the Communist Party of China proposed to strengthen national defense education for the whole people and consolidate the unity of military, government, military and civilians.
What new regulations does the newly revised National Defense Law have on national defense education?
What role will it play in the development of national defense education in the future?
Wang Shumei: National defense education is the foundation for building and consolidating national defense. The unity of military, government, military and civilians is an important political guarantee for the unity of a prosperous country and a strong military.
The newly revised National Defense Law has enriched and improved many new contents in the field of national defense education.
One is to add to the General Regulations the “adherence to the national defense of the whole people”, which is one of the basic principles of China’s national defense activities, which clearly reflects the national character of China’s national defense; People’s organizations, enterprises and institutions, social organizations, and other organizations should support and participate in national defense construction in accordance with the law, perform national defense duties, and complete national defense tasks." The provisions are conducive to implementing the principle of "adhering to the national defense of the whole people" and strengthening citizens. And organize the concept of fulfilling national defense obligations and assuming national defense responsibilities, so as to gather the majestic forces of the military and civilians to promote the cause of strengthening the country and the military.
Second, the objectives and tasks of national defense education have been enriched, and new regulations have been added to "enhance awareness of danger" and "improve national defense skills."
Enhancing the awareness of danger and being prepared for danger in times of peace is a major principle of our party’s governance of the country and an important task of national defense education. It helps all citizens understand the current turbulent international situation and the arduous and onerous domestic tasks. It will help us stick to the bottom line thinking and strengthen the national defense concept.
National defense skills are the physical and military skills that citizens must possess to fulfill their national defense obligations, and are a concrete manifestation of citizens' ability and quality to perform their national defense obligations.
The newly revised National Defense Law emphasizes theoretical education while increasing the content of behavioral education, which better reflects the national defense education principle of "combination of theoretical education and behavioral education", so that knowledge and action are consistent, and concepts and actions are unified.
The third is to add new regulations on the military training system for students.
The student military training system has always been an important part of the military service law.
In accordance with the overall deployment of the military policy system reform, the student military training system has been incorporated into the newly revised National Defense Law, which stipulates that "ordinary colleges and high schools shall organize student military training in accordance with regulations."
This provision can not only strengthen students' physique and improve their ability to participate in the defense of the motherland, but also enable the concrete implementation of the educational task of "improving national defense skills."
The fourth is to increase the categories of national defense education objects.
A new type of education object of "public officials" has been added, stipulating that they "should actively participate in national defense education."
State public officials mainly refer to leading cadres at all levels and other staff of party and government agencies. They are a "key minority" in national defense education.
Strengthen the national defense education of public officials, improve their national defense literacy and national defense capabilities, and give play to their exemplary and leading role in national defense education. This will contribute to the formation of a good atmosphere of caring about national defense, loving national defense, building national defense, and defending national defense. National defense education plays an important role.
5. Let soldiers become a profession respected by the whole society
Reporter: There is only one word difference between "soldiers should be respected by the whole society" in the newly revised National Defense Law and the original "soldiers should be respected by the whole society". What kind of concept is reflected in this change?
Wang Shumei: There is only one word difference between "respect" and "respect", but the difference between the two is very obvious.
Respect means to respect and value people or things.
Respect, in addition to the meaning of respect, also includes respect and even worship.
Compared with respect, the word respect is richer and deeper.
Such regulations show that the state attaches great importance to improving the status of military personnel, highly recognizes the special labor of military personnel, and strongly strengthens the protection of military personnel's rights and interests.
The famous military theorist Jomini once said: If in a country, those warriors who sacrificed their lives, health, and happiness to defend the country are inferior to the big belly merchants, then the country’s demise would not be wronged at all.
Therefore, granting soldiers a higher social status and protecting their rights and interests in accordance with the law is the policy orientation of most countries at home and abroad.
In our country, the party and the country have attached great importance to the protection of the status and rights of soldiers during the various periods of revolution, construction, and reform.
The report of the 19th National Congress of the Communist Party of China pointed out that the establishment of a management and guarantee organization for veterans should safeguard the legitimate rights and interests of military members and make them a profession respected by the whole society.
The newly revised National Defense Law has adjusted and enriched the legal provisions for the protection of military status and rights and interests in the general provisions. The "protection" in the original law has been revised to "guarantee", and the content of the protection has been expanded from "legitimate rights" to "status and legal rights" "; The sub-paragraph "Military Duties and Rights" stipulates that "Military men should be respected by the whole society", and on this basis, "The state establishes a military honor commendation system."
These regulations have expanded the scope and content of the protection of the rights and interests of soldiers, highlighted the political honor of soldiers, and improved the status and role of soldiers in the entire society.
The newly revised National Defense Law has improved the legal provisions for the protection of the rights and interests of military personnel. The enumeration provisions of the original law on preferential treatment of military personnel by the state and society, protection of veterans, and compensation and preferential treatment of family members of military personnel have been revised to "state establishment and military occupation , The military treatment guarantee system coordinated with the development of the national economy" "The state establishes a guarantee system for veterans, properly arranges veterans, and safeguards the legitimate rights and interests of veterans" and "The state and society give preferential treatment to the families of military personnel, and provide for the families of martyrs and sacrifices on duty. , The family members of the deceased soldier".
This kind of regulation implements the "soldiers should be respected by the whole society" and makes the scope and content of the protection of the rights and interests of military members and veterans more comprehensive, systematic and general. It provides institutional guarantees for soldiers and military members to devote themselves to national defense with peace of mind. Retired soldiers relieved their worries, provided legal guarantees for the formulation and revision of the lower-level laws, played a positive role in consolidating and stabilizing the military spirit, improving the ability to prepare for war, and promoted the stability of social development, the enhancement of military-political military-civilian unity, and the support of national defense and army building. effect.
(Reporter Liu Xiaobing)