论文部分内容阅读
中国古代以法治军具有深厚的理论和实践基础,并能顺应时势而变动,逐渐形成了源于实践又指导实践的传统,但受制于历史条件的制约,不可避免地存在诸多局限性。本文深入发掘中国古代以法治军实践所蕴含的底蕴,从正反两面的角度分析了军事法治建设的历史经验,提出了坚强有力的中央政权与军事法治互为促进、实施军事法治必须抓住将帅这个关键环节、军事法治建设重在破除“法外有权”和“法内无人”的痼疾等历史启示。
In ancient China, the rule of law army had profound theoretical and practical foundations and was able to adapt to the changing times. It gradually formed a tradition rooted in practice and guiding practice. However, being restricted by historical conditions, there were inevitably many limitations. This article delves into the inner meaning of the practice of administering the army by law in ancient China, analyzes the historical experience of the construction of the military rule of law from both the pros and cons, points out the strong and powerful central government and the military rule of law promote each other, and the military rule of law must seize the generals At this crucial juncture, the construction of the military rule of law should lay emphasis on the historical enlightenment of breaking the chronic illness such as “extraterritorial rights” and “no one in France”.