近年来,随着国家构建中国特色社会主义法律体系步伐的加快,对构成我国法律体系的各个部门法的探讨也在不断深入。对军事法的研究是从上个世纪八十年代开始逐渐展开的。然而,到目前为止,关于军事法是否应该作为一个独立的法律部门仍然存在着不同的声音。本文将从依法治军的现实必要性和部门法的划分理论对该问题进行探讨。 In recent years, as the state has speeded up the pace of building a socialist legal system with Chinese characteristics, the discussions on various sectoral laws that form the legal system of our country have also been deepening. The study of military law has been gradually carried out since the eighties of last century. However, so far, different voices still exist regarding whether military law should be an independent legal department. This article will discuss the issue from the realistic necessity of running the army according to law and the division theory of the department law.