中华人民共和国国防法 LAW OF THE PEOPLES REPUBLIC OF CHINA ON NATIONAL DEFENCE

（Adopted at the Fifth Session of the Eighth National People's Congress on March 14， 1997， and promulgated by Order No. 84 of the President of the People's Republic of China on March 14， 1997）
颁布日期：19970314 　实施日期：19970314 　颁布单位：全国人大

　　Contents

　　Chapter I General Provisions

　　Chapter II National Defence Functions and Powers of State Organs

　　Chapter III Armed Forces

　　Chapter IV Frontier Defence， Coast Defence and Air Defence

　　Chapter V Scientific Research and Production of National Defence and Order for Military Materials

　　Chapter VI Funds and Assets of National Defence

　　Chapter VII National Defence Education

　　Chapter VIII National Defence Mobilization and War-state

　　Chapter IX National Defence Obligations and Rights of Citizens and Organizations

　　Chapter X Obligations， rights and Interests of Serviceman

　　Chapter XI Foreign Military Relations

　　Chapter XII Supplementary Provisions

　　Chapter I General Provisions

　　Article 1 This Law is formulated in accordance with the Constitution with a view to establishing and strengthening national defence， and to guaranteeing the smooth development of the construction of our socialist modernization.

　　Article 2 This Law is applicable to military activities our country takes to guard against and resist aggression， prevent military subversion， safeguard the sovereignty， unification， territorial integrity and security of our county， as well as activities in such fields as politics， economy， diplomacy， science and technology and education that concern military affairs.

　　Article 3 National defence is the security guarantee of the survival and development of our country.

　　The state shall strengthen the construction of military strength， the construction of frontier defence， coast defence and air defence， develop the scientific research and production of national defence， spread national defence education among all the people， improve mobilization system， and realize the modernization of national defence.

　　Article 4 The state shall establish and strengthen national defence independently， with the initiative in our own hands and through our own efforts， take an active defence strategy and adhere to the principle of general self-defence.

　　While concentrating its energy to carry out economic construction， the state shall strengthen the national defence construction， promote the harmonious development of national defence construction and economic construction.

　　Article 5 The state takes unified leadership over national defence activities.

　　Article 6 It is a sacred duty for every citizen of the People's Republic of China to defend our motherland and resist aggression.

　　Every citizen of the People's Republic of China shall fulfil according to law his national defence obligation.

　　Article 7 The state and society hold respect for and give preferential treatment to Servicemen， protect their legal rights and interests， and develop various kinds of activities to support the army and give preferential treatment to the families of the Servicemen and martyrs.

　　The Chinese People's Liberation Army and the Chinese People's Armed Police Forces shall develop activities of supporting the government and cherishing the people in order to strengthen unity between the army and the government and between the army and the people.

　　Article 8 The People's Republic of China maintains world peace and fights against any activities of aggression and expansion in the foreign military relations.

　　Article 9 The state and society take various forms to give commendation and reward to organizations and personnel that have made contribution to national defence activities.

　　Those that violate this Law and any law connected， refuse to fulfil national defence obligations

or jeopardize national defence interests shall be investigated for legal responsibility.

　　Chapter II National Defence Functions and Powers of State Organs

　　Article 10 The National People's Congress decides according to the stipulations of the Constitution the issue of peace or war， and exercises other functions and powers in the aspect of national defence stipulated by the Constitution.

　　The Standing Committee of the National People's Congress decides according to the stipulations of the Constitution the declaration of war state， decides a general mobilization or a partial mobilization， and exercises other functions and powers in the aspect of national defence provided by the Constitution.

　　Article 11 The President of the People's Republic of China declares war state and issues mobilization orders according to the decision of the National People's Congress or the Standing Committee of the National People's Congress， and exercises other functions and powers in the aspect of national defence stipulated by the Constitution.

　　Article 12 The State Council leads and governs the course of national defence construction， and exercises the following functions and powers：

　　（1） to compose and make programmes and plans for national defence construction development；

　　（2） to formulate principles， policies and administrative regulations in the aspect of national defence construction；

　　（3） to lead and take charge of scientific research and production of national defence；

　　（4） to govern national defence funds and national defence assets；

　　（5） to lead and govern the work of national economic mobilization， the people's armed mobilization， and work concerned in the aspects of people's air defence， national defence traffic， etc.；

　　（6） to lead and take charge of the work of supporting the army and giving preferential treatment to families of Servicemen and martyrs， and the work of settling Servicemen out of active service；

　　（7） to direct the work of national defence education；

　　（8） to lead together with the Central Military Commission the work of governing the construction and conscription of the Chinese People's Armed Police Forces and the militia， as well as the work of reserve duty， frontier defence， coast defence and air defence； and

　　（9） other functions and powers stipulated by law that concern with the course of national defence construction.

　　Article 13 The Central Military Commission leads all armed forces of the state， and exercises the following functions and powers：

　　（1） to direct uniformly all armed forces of the state；

　　（2） to decide the military strategy and operational policies of the armed forces；

　　（3） to lead and govern the construction of the Chinese People's Liberation Army， formulate programmes and plans， and organize the implementation；

　　（4） to submit motions to the National People's Congress or the Standing Committee of the National People's Congress；

　　（5） to formulate military regulations， issue decisions and orders in accordance with the Constitution and laws；

　　（6） to decide the system and establishment of the Chinese People's Liberation Army， stipulate the task and responsibility of headquarters， military area commands， services and other units at the level of military area command；

　　（7） to appoint and remove， train， examine， reward and punish members of military forces according to the provisions of laws and military regulations；

　　（8） to ratify weaponry systems and weaponry development programmes and plans of the armed forces， lead and supervise scientific research and production of national defence together with the State Council；

　　（9） to supervise national defence funds and assets along with the State Council； and

　　（10） other functions and powers stipulated in law.

　　Article 14 The State Coun

cil and the Central Military Commission may convene coordination meetings according to circumstances to solve problems connected with national defence affairs. The implementation of issues negotiated and decided at the meetings shall be organized by the State Council and the Central Military Commission in their respectives cope of authority.

　　Article 15 Local people's congresses at various levels and standing committees of local people's congresses at or above the county level shall guarantee in their administrative divisions that laws and regulations connected with national defence are obeyed and implemented.

　　Local people's governments at various levels shall supervise according to limits of authority stipulated by law the work of conscription， militia， reserve service， national defence education， national economic mobilization， people's air defence， national defence traffic， protection of national defence installations， settlement of Servicemen out of active service， supporting the army and giving preferential treatment to families of Servicemen and martyrs in their administrative divisions.

　　Article 16 Local people's governments at various levels and station military organs shall convene according to needs joint meetings of local authority and army to coordinate and solve problems connected with national defence affair in their administrative divisions.

　　The joint meeting of local authority and army shall be convened by the people in charge of local people's government along with the people in charge of station military organ. The participants of the joint meetings of local authority and army shall be decided by the conveners of the meetings.

　　Items negotiated and decided at the joint meetings of local authority and army

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