论文部分内容阅读
随着科技的发展,在国际范围的军事斗争行为中,个人也逐渐成了其法律关系的主体之一,战争权不再是国家的绝对权利,作为国际法的正常主体要负法律责任。从国内法角度看,法与军事斗争具有阶级同源性,它们的政治本质相通,社会作用也相同,虽然某些军事斗争行为不仅具备犯罪构成的外部特性,也确实侵害了法律所保护的利益,但由于其特殊性,行为主体阻却违法应成立。在国际社会中,19世纪式的人道主义干涉现已被国际法确认为非法,并且联合国对一国采取军事斗争行为的合法性条件作了明确规定。
With the development of science and technology, individuals have gradually become one of the subjects of their legal relations in the international military struggle. War power is no longer the absolute right of the state, and is the legal subject of the normal subjects of international law. From a domestic law point of view, the law and the military struggle have the same class identity. Their political nature is the same and their social role is the same. Although some acts of military struggle not only possess the external characteristics of the constitution of crime, but also certainly violate the interests protected by the law , But due to its particularity, the main body of resistance should be established to prevent illegal. In the international community, the nineteenth-century humanitarian intervention has now been confirmed as illegal by international law and the United Nations has clearly stipulated the legitimacy of a country’s military struggle.