剥夺军衔的法律问题争论由来已久,国内学者观点纷呈。本文认为在评论该问题时,所应该遵循的根本原则就是贝卡里亚所言的“罪刑法定原则”。近年来,中国军队深入贯彻落实依法治军方针,进一步加强军事立法工作,完善具有中国特色的军事法规体系的步伐明显加快,而这一切均应在罪刑法定的原则下进行。 Disputes over the legal issues of the rank of the argue a long time ago, many domestic scholars have different opinions. This paper argues that in commenting on this issue, the fundamental principle that should be followed is what Beccaria said: “The principle of legality of crimes”. In recent years, the pace at which the Chinese armed forces thoroughly implemented the principle of administering the military according to law, further strengthened military legislative work, and perfected the military laws and regulations system with Chinese characteristics were all evidently accelerated, all of which should be carried out under the principle of legally prescribed punishment.