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军事法官的职务责任是我国立法机关为军事法官设置的非遵行不可的权利和自由的边界,是对其进行监督和制约的有效途径。对其理论的研究,应把内涵、目的、构成、特征等作为起点。内涵是指军事法官在军事审判活动和赋予的其他活动中所承办的事务以及应当承担的法律后果。目的是为了保证国家法律在军事领域的实现;实现军事司法价值的均衡;完成军事司法建设的跨越式发展。它由职务责任主体、职务行为和责任三部分构成。内容包括一般职务责任和特殊职务责任。显示出行为主体单一性、职务行为内容的特定性、责任后果的多样性、权力与责任的一致性等特点。
The duty of military judges is the non-compliance right and freedom boundary set by our legislature for military judges, which is an effective way to supervise and control them. The study of its theory, should be the connotation, purpose, composition, characteristics, etc. as a starting point. Connotation refers to the affairs to be undertaken by military judges in military trial activities and other activities assigned to them as well as the legal consequences that they should bear. The purpose is to ensure the realization of national laws in the military field, to achieve a balanced military judicial value, and to accomplish the leapfrog development of military justice. It consists of the main responsibility of duty, job performance and responsibility of three parts. The content includes general job responsibility and special job responsibility. It shows the uniqueness of the subject of conduct, the particularity of the content of the duty behavior, the diversity of the consequences of the responsibility, the consistency of the power and the responsibility.