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

2009-03-24 法律英语 来源:互联网 作者:
shall be handled by local people's governments and station military organs according to their respective limits of authority, and matters of great importance shall be reported to their respective higher level.

  Chapter III Armed Forces

  Article 17 The armed forces of the People's Republic of China belong to the people, whose task is to strengthen national defence, resist aggression, defend the state, safeguard the people's peaceful work, attend the course of national construction and serve the people wholeheartedly.

  Article 18 The armed forces of the People's Republic of China must comply with the Constitution and laws, adhere to the principle of directing troops in accordance with law.

  Article 19 The armed forces of the People's Republic of China are led by the Communist Party of China. Organizations of the Communist Party of China in the armed forces shall develop activities according to the Charter of the Communist Party of China.

  Article 20 The state strengthens the construction of the armed forces' revolutionization, modernization and normalization, strengthen national defence.

  Article 21 The armed forces of the People's Republic of China shall meet the needs of modern war, strengthen military drill, develop political work, improve safeguard level and heighten combat effectiveness comprehensively.

  Article 22 The armed forces of the People's Republic of China are composed of troops of the Chinese People's Liberation Army on active service and reserve service, the Chinese People's Armed Police Forces and militia.

  The troops of the Chinese People's Liberation Army on active service are the standing army of the state, whose main task is to defend and combat, and who may assist in maintaining public order according to law when necessary. The troops on reserve service shall conduct drilling at ordinary times according to regulations, and may assist in maintaining public order in accordance with law when necessary, and shall transform into troops on active service at wartime according to mobilization orders issued by the state.

  The Chinese People's Armed Police Forces shall sho

ulder the task of safeguard and maintaining public order that is assigned by the state under the leadership and direction of the State Council and the Central Military Commission.

  The militia shall, under the direction of military organs, shoulder the task of combat readiness and services, defence and combat, and shall assist in maintaining public order.

  Article 23 The scale of the armed forces of the People's Republic of China shall meet the needs of defending the state's security and interests.

  Article 24 The military service of the People's Republic of China is divided into active service and reserve service. The service system of Servicemen on active service and people on reserve service is set by law.

  The state conducts a rank system on Servicemen on active service and people on reserve service in accordance with stipulations of law.

  Article 25 The state forbids illegal military organizations established by any organization or individual, forbids illegal military activities, and forbids pretence to be servicemen on active service or military organization.

  Chapter IV Frontier Defence, Coast Defence and Air Defence

  Article 26 The territorial lands, interior waters, territorial sea and territorial sky of the People's Republic of China are sacred and cannot be violated. The state strengthens the construction of frontier defence, coast defence and air defence, takes effective measures of defence and supervision to protect the security of territorial lands, interior waters, territorial sea and territorial sky, and to maintain the rights and interests of the state's oceans.

  Article 27 The Central Military Commission leads uniformly the work of frontier defence, coast defence and air defence.

  Local people's governments at various levels, relevant departments under the State Council and relative military organs shall, according to the extent of authority stipulated by the state, divide the responsibility among themselves to take charge of the supervision and defence of frontier defence, coast defence and air defence, and make joint effort to maintain national security and interests.

  Article 28 The state constructs national defence installations of combat, direction, communication, protection, traffic and security according to the needs of frontier defence, coast defence and air defence. People's governments at various levels and military organs shall, according to the provisions of laws and stipulations, guarantee the construction of national defence installations and safeguard national defence installations.

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

  Article 29 The state establishes and improves the scientific and technical industry system of national defence, develops scientific research and production of national defence, and provides the armed forces with weapons and equipment advanced in function, reliable in quality, complete in equipment set and convenient to manipulate and maintain as well as other useable military materials to meet the needs of national defence.

  Article 30 The scientific and technical industry of national defence follows the principle of combining the army with the people, peace with war, giving priority to military goods and the people supporting army.

  The state makes overall plans and programmes for the scientific and technical industry construction of national defence and maintains the productive capability of scientific research for national defence on a reasonable scale and with a complete set of specialities and rational distribution.

  Article 31 The state promotes progress in science and technology of national defence, strengthens research in high and new technology, gives play to high and new technology's leading role in the development of weapons and equipment, extends technical reserve store, an

d researches and produces new weapons and equipment.

  Article 32 The state performs uniform leadership, planned regulation and control in scientific research and production of national defence.

  The state provides necessary guarantee conditions and preferential policies for enterprises and institutes bearing the responsibility of scientific research and production of national defence. Local people's governments at various levels shall provide assistance and support to enterprises and institutes bearing the responsibilities of scientific research and production for national defence.

  Enterprises and institutes bearing the responsibilities of scientific research and production of national defence shall accomplish the task of scientific research and production for national defence, and guarantee the quality of weapons and equipment.

  Article 33 The state takes necessary measures to train and bring up qualified personal of national defence science and technology, to create favorable circumstances and conditions and to allow full play to their action.

  Science and technology personnel of national defence shall be respected by the whole society. The state shall improve gradually the treatment of science and technology personnel of national defence and protect their legal rights and interests.

  Article 34 The state, in accordance with needs of national defence and requirements of the socialist market economy, employs a system of order for military goods to guarantee the purchase and supply of weapons and equipment and other military materials.

  Chapter VI Funds and Assets of National Defence

  Article 35 The state guarantees necessary funds for national defence. The increase in the funds of national defence shall suit the needs of national defence and the standard of national economy's development.

  Article 36 The state adopts a system of financial allocation in the funds of national defence.

  Article 37 Assets of national defence include capital directly invested, lands and other resources allocated for use by the state for the construction of armed forces, scientific research and production of national defence and other defence construction, as well as weapons and equipment, installations and facilities, materials and apparatuses and technical achievements formed in this way for purpose of national defence.

  Assets of national defence belong to the state.

  Article 38 According to the requirements of national defence construction and economic construction, the state decides the scale, structure and distribution of assets of national defence, adjusts and handles assets of national defence.

  Supervising organs and units that possess and utilize assets of national defence shall run according to law assets of national defence, and make full use of assets of national defence.

  Article 39 The state protects assets of national defence against inroad and damage, guarantees their security, integrity and validity.

  No organization or individual is permitted to damage, wreck or seize assets of national defence. Without ratification from the State Council, the Central Military Commission or organs authorized by the State Council or by the Central Military Commission, units that possess and utilize assets of national defence shall not change the assets' purpose for national defence. Assets of national defence that have been ratified not to be used in national defence any more shall be supervised according to law.

  Chapter VII National Defence Education

  Article

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