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《2010年中国的国防》(中英对照)VI
2018-04-15 10:02:42    译聚网    国新网    



    贯彻预防为主、综合治理、重在建设的方针,加强预防犯罪综合治理。2009年,总参谋部、总政治部、总后勤部、总装备部联合印发《关于进一步加强新形势下军队预防职务犯罪工作的意见》和《关于纪律检查部门、军事检察机关参与事故调查处理的暂行规定》。军队各级保卫部门、军事法院、军事检察院在依法惩治各类违法犯罪活动中,充分发挥职能作用,坚决维护司法公正。


    按照国家司法改革的总体部署,推进军事司法制度改革。人民解放军军事法院制定《解放军军事法院〈人民法院量刑指导意见(试行)〉实施细则》,落实宽严相济刑事政策;探索民事审判工作,健全诉讼与非诉相衔接的纠纷解决机制;制定《军事法院涉诉信访案件终结办法》,提高申诉复查的透明度和公信力。总政治部制定《关于下级军事检察院立案侦查的案件由上一级军事检察院审查决定逮捕的通知》,人民解放军军事检察院制定相关实施办法,推进军队职务犯罪案件审查决定逮捕程序改革。


The PLA strengthens crime prevention in a proactive, comprehensive and constructive manner. In 2009, the General Staff Headquarters, General Political Department, General Logistics Department and General Armaments Department jointly issued the Opinions on Further Strengthening the Prevention of Duty-related Crime of the Armed Forces under the New Situation and the Provisional Regulations on the Participation of Discipline Inspection Departments and Military Procuratorial Organs in Accident Investigation and Handling. The internal security organs, military courts and military procuratorates of the armed forces have performed their functions to the full, resolutely maintaining justice in punishing various offenses and crimes in accordance with the law.


In line with overall arrangements by the state for judicial reform, the PLA presses forward with the reform of the military judicial system. The Military Court of the PLA has enacted the Detailed Rules of the Military Court of the People's Liberation Army for the Implementation of the Guiding Opinions on Sentencing by People's Courts (Trial), and implemented the policy of combining leniency with rigor in respect of criminal offences. They have made further progress in civil adjudication, and improved the dispute resolution mechanism that connects litigation and non-litigation. The formulation of the Measures of Military Courts to Close Cases of Litigation Relating to Complaint Letters and Visits has enhanced transparency and public credibility in the review of appeals. The General Political Department has issued the Notice of the Requirement that Cases Filed and Investigated by the Military Procuratorate at a Lower Level Be Submitted to the Military Procuratorate at the Next Higher Level for Examination and Detention Decision-Making, and the PLA Military Procuratorate has issued relevant implementation measures for the Notice, which advances the reform of decision-making procedures regarding examination and detention in duty-related cases.


    法律服务和法制宣传教育


    军队各级司法行政部门及其他相关部门根据部队执行多样化军事任务需要,及时提供专业高效的法律保障。为执行抢险救灾任务、赴亚丁湾和索马里海域护航、参加重大中外联合演习的部队配备法律顾问。组织多批法律服务小分队帮助执行反恐维稳任务的部队处理法律问题,为部队编印相关法律手册。


    开展多种形式的送法下基层活动,活动范围覆盖全军三分之二以上旅团级单位,为基层官兵提供法律咨询服务。加强与地方司法行政部门和法律服务组织的联系,完善解决官兵涉法问题协作机制,拓宽解决涉法问题的渠道。2009年,军队律师担任刑事辩护700多件,代理各类民事经济案件2300多件。


Legal Service and Legal Publicity and Education


To meet the needs of their troops in accomplishing diversified military tasks, judicial and administrative departments at all levels and other relevant departments of the armed forces have provided professional and efficient legal services. Specifically, legal advisors have been provided for troops participating in emergency rescue and disaster relief operations, escort operations in the Gulf of Aden and the waters off Somalia, and major joint military exercises with other countries. Several legal-service teams have been dispatched to help troops who perform counter-terrorism and stability-maintenance tasks to deal with legal problems. Legal handbooks have been compiled and printed for the troops.


A series of actions have been carried out to provide legal services, including legal consultations, to grass-roots officers and men. These have now covered more than two-thirds of units at brigade or regiment level. Interactions with local judicial and administrative departments and legal service organizations have been strengthened, coordination mechanisms have been improved to solve legal problems of officers and men, and channels for handling such problems have been widened. In 2009, military lawyers represented defendants in more than 700 criminal trials, and undertook more than 2,300 civil and economic cases.



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