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: ℃It is a responsibility of the whole society to popularize and strengthen national defence ed
ucation.
Article 41 National defence education follows the principle of participation of all the people, long-term persistence and laying stress on practical results, and carries out a policy of combining regular education with concentrated education, universal education with key education, and theoretical education with be haviour education.
Article 42 The State Council, the Central Military Commission, people's governments at the level of province, autonomous region and municipality directly under the Central Government and relevant military organs shall take steps to strengthen the work of national defence education.
All state organs and armed forces, all political parties and social organizations, all enterprises and institutes shall organize their regions, departments and units to carry out national defence education.
National defence education in school is the foundation of national defence education of the entire people. Schools at various levels and of various kinds shall offer proper courses of national defence education, or add subject of national defence education to relevant courses. Military organs shall assist schools in developing national defence education.
Departments and units of education, culture, press, publication, broadcast, film and television shall act in close coordination to develop national defence education in various forms.
Article 43 People's governments at various levels shall bring national defence education into line with national economic and social development plan, and guarantee the funds needed in national defence education.
Chapter VIII National Defence Mobilization and War State
Article 44 In case the People's Republic of China's sovereignty, unification, territorial integrity or security is threatened, the state starts national mobilization or partial mobilization in accordance with the provisions of the Constitution and laws.
Article 45 The state prepares for the mobilization in peaceful period, brings the preparation for people's armed forces mobilization, national economic mobilization, and mobilization for people's air defence, national defence traffic and etc. into line with the state's overall plan and programme, perfects the mobilization system, heightens mobilization potentiality and improves mobilization capability.
Article 46 The state establishes a system of strategic materials reserve. The strategic materials reserve shall be on a proper scale, kept in security, convenient to transfer, changed regularly and can guarantee the requirements during war period.
Article 47 The State Council and the Central Military Commission shall lead in conjunction the preparation and implementation of mobilization.
All state organs and armed forces, all political parties and social organizations, all enterprises and institutions and citizens must complete the work of mobilization preparation according to stipulations of law during peaceful period, and must accomplish the mobilization task stipulated after the mobilization order bas been issued by the state.
Article 48 According to needs in mobilization, the state may take over for use in accordance with law equipment and facilities, means of transportation and other materials of organizations and individuals.
People's governments at or above the county level shall make proper compensation to the requisitions according to relevant stipulations of the state for economic losses directly resulting from the requisition.
Article 49 The state declares war state according to the stipulations of the Constitution, takes various measures to amass manpower, materials and funds, leads all citizens to defend our country and resist aggression.
Chapter IX National Defence Obligations and Rights of Citizens and Organizations
Article 50 It is an honorable obligation of citizens of the People's
Republic of China to enlist in the army and join in the militia according to law.
Drafting institutes at various levels and people's military organs at basic level shall handle the conscription work according to law, fulfill the drafting task according to the command of the State Council and the Central Military Commission, and guarantee the quality of troops' sources. Other relevant state organs, social organizations, enterprises and institutions shall fulfil according to law the work of militia and reserve duty, and assist conscription institutes in fulfilling the drafting task.
Article 51 Enterprises and institutions shall shoulder according to the state's requirement the task of scientific research and production for national defence, accept the state's orders for military goods, and provide qualified weapons and equipment or other military materials.
Enterprises and institutions shall according to the state's stipulations implement the national defence's requirement in traffic construction. Units in charge of traffic installation such as stations, ports, airports and roads shall provide preceded service for the passage of Servicemen on active service, military vehicles and ships, and offer preferential treatment in accordance with stipulations.
Article 52 Citizens shall receive national defence education.
Citizens and organizations shall protect national defence facilities, and are forbidden to damage or do harm to national defence installations.
Citizens and organizations shall abide by stipulations of protecting secrets, shall not reveal the state's secrets about national defence, shall not possess illegally classified documents, papers or other classified articles about national defence.
Article 53 Citizens and organizations shall support national defence construction, and provide facilities or other assistance for such activities of military forces as military drill, combat readiness service and defending combat.
Article 54 Citizens and organizations have the right to give advice to national defence construction, and the right to stop and inform against activities endangering national defence.
Article 55 Citizens and organizations that suffer economic losses directly owing to national defence construction or military activities may get compensation according to relative stipulations of the state.
Chapter X Obligations, Rights and Interests of Servicemen
Article 56 Servicemen on active service shall be loyal to the state, fulfil their duties, fight bravely, not fear sacrifice and defend the state's security, honour and interests.
Article 57 Servicemen on active service shall observe the Constitution and laws examplarily, comply with military regulations, execute commands and abide by principles strictly.
Article 58 Servicemen on active service shall develop the glorious traditions of the people's army, love the people, protect the people, participate actively in the construction of socialist material and spiritual civilization, and fulfil such tasks as rescue and relief work.
Article 59 Servicemen shall be respected by the whole society.
The state takes effective measures to protect the honour, personality and dignity of servicemen on active service, and imposes special protection on their marriage.
Activities of fulfilling duties by servicemen according to law shall be protected by law.
Article 60 The state and society give preferential treatment to servicemen on active service.
The state guarantees that servicemen on active service enjoy living farewell and treatment commensurate to the duties they fulfill, and gives preferential treatment in such aspect as living farewell to servicemen on active service working in such areas or positions as frontier defence, coast defence where conditions are arduous.
The state adopts a system of
serviceman insurance.
Article 61 The state makes appropriate settlement for the servicemen out of active service, provides necessary professional training for demobilized servicemen, and guarantees retired servicemen's living welfare treatment.
People's governments at or above the county level shall have charge of settling demobilized servicemen, and arranging jobs for them on the basis of their post-rank, contributions and specialty.
Units admitting demobilized servicemen shall, according to the relevant provisions of the state, give them preferential treatment in such aspect as living welfare treatment, education and housing.
Article 62 The state and society give pensions and preferential treatment to disabled servicemen, and offer special guarantee according to law to their life and medical treatment.
After the disabled servicemen who are crippled or lose health in war or on duty have withdrawn from active service, people's governments at or above the county level shall admit and settle them in time, and guarantee their life not under the local average living level.
Article 63 The state and society give preferential treatment to families of servicemen on active service, give pensions and preferential treatment to families of martyred soldiers and of soldiers that die a martyr's death or die of an illness on duty, and give them special treatment in such aspects as employment, housing and compulso
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