论文部分内容阅读
军衔是区分军人等级、表明军人身份的称号、标志,是国家给予军人的荣誉,与军人的享有的权力、权利与义务有着密切的联系。剥夺军人的军衔,不仅是对军人荣誉的剥夺,而且关系到军人因军衔所享有各种物质待遇。因此,有必要从法律上对剥夺军衔加以研究,保证剥夺军衔在发挥惩罚犯罪军人的作用时,不会对犯罪军人的合法权益造成侵害。罪刑法定原则是我国刑法三大原则之一。作为对犯罪军人实施制裁的一种刑罚,剥夺军衔在实际上并不符合罪刑法定原则。
Military rank is to distinguish the ranks of soldiers, indicating that the military’s title, emblem, is the honor granted to the military by the state and has close ties with the military’s enjoyment of power, rights and obligations. The deprivation of a military rank is not only a deprivation of military honor but also a matter of material treatment enjoyed by military personnel due to their rank. Therefore, it is necessary to study the deprivation of military rank in law and to ensure that deprivation of military rank does not infringe upon the legitimate rights and interests of criminal soldiers when it plays the role of punishing criminal soldiers. The principle of legally prescribed punishment for crimes is one of the three principles of criminal law in our country. As a penalty for imposing sanctions on criminal soldiers, the deprivation of military rank actually does not conform to the principle of legality.