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Improve and Perfect the Legal and Regulatory System for Military-Civilian Integration (No.78, 2018)


By Lv Wei, Research Team on “The Legislative Framework and Pathways for Military-Civilian Integration”, Department of Innovation Development, DRC

Research Report, No.78, 2018 (Total 5353) 2018-5-7

Abstract: Since the CPC’s 18th National Congress, the deep development of military-civilian integration has been raised into a national strategy. General Secretary Xi Jinping emphasized that to promote the deep development of military-civilian integration, laws and regulations must play a good role in regulating, guiding and safeguarding the process. Summarizing the basic situation and major problems of China's legislation on military-civilian integration, this article introduces the features and main contents of the legislative systems of civilian-military integration in Europe, the United States and other countries, and puts forward suggestions for improving and perfecting China's legal and regulatory system for civilian-military integration. At present, the focus of China’s legislation of military-civilian integration is to break up the pattern of separate military and civilian legislation and decentralized departmentalised legislation, strengthen top-level design, and establish a legal and regulatory system for military-civilian integration, which combines both unification and division. First, formulate a comprehensive Promotion Law on military-civilian integration. Second, formulate national laws that are generally applicable to the military and the civilians in areas where military and civilian share commonalities. Third, special laws and regulations in the field of national defense should require national defense activities to make effective use of social resources and also set clear obligations for all citizens to participate in and support national defense construction. Fourth, further improve and perfect the institutional mechanisms for civilian-military integration, providing practical support and institutional guarantee for legislation.

Key words: military-civilian integration, laws and regulations, system construction