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军事法制建设的发展及军事秩序与现代法治的差异性,都要求军事法学作出正确的价值抉择,这也是军事法理论进一步发展的必然。根据优先保护社会利益的一般理论、军事领域的特殊建设目标以及我军集体主义价值的历史传统,军事秩序应当在现代法治的理性制约下,保持相对优先、冲突优先、动态优先和优先于立法的地位,从而实现优先与平衡的统一,形成合理的军事法学价值取向。
The development of the military legal system and the differences between the military order and the modern rule of law require that military jurisprudence make the right choice of value. This is also the inevitable result of the further development of the theory of military law. According to the general theory of giving priority to the protection of social interests, the special goal of building the military field, and the historical tradition of the collectivistic value of our armed forces, the military order should remain relatively prioritized, conflict-prioritized, dynamically prioritized and prioritized under the rational constraints of the modern rule of law So as to achieve the unification of priority and balance and form a reasonable value orientation of military law.