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从法理上分析,兵役征集是典型的面向民间社会的国防行政,需要以政府为主导。但在实践中,“军队办国防”的传统体制,让立法设定的政府职能出现向军事机关转移的偏差,造成政府兵役执法不力。完善兵役法律制度,必须重建政府主导兵役征集的权威体制,明确政府兵役执法的具体权限和方式,建立必备的国防行政监督机制,从而强化政府在征兵中的职能作用。
Judging from jurisprudence, the military service solicitation is a typical national defense administration facing civil society and needs to be dominated by the government. However, in practice, the traditional system in which the “armed forces do national defense” has caused the deviation of government functions set by the legislature from that of military organs, resulting in the ineffective enforcement of government military service. To perfect the legal system of military service, we must rebuild the authoritative system of government-led military service solicitation, clarify the specific authority and method of military service and enforce the law, and establish the necessary national defense administrative supervision mechanism so as to strengthen the government’s role in military recruitment.