积极履行第36条的武器合法性审查义务,避免人道主义灾难,是大国应有的国际担当。《第一附加议定书》自订立以来,仅有少数国家对武器合法性审查采取了措施。以美国为代表的国家根据第36条建立了武器合法性审查机制,在武器审查主体、审查时间、法律依据和审查标准、审查程序的证据搜集等方面积累了丰富的经验。因此,通过研究美国武器合法性审查机制的国家实践,为我国履行条约义务和军队与国际社会接轨提供了许多有益借鉴。 Actively fulfilling the article 36 obligation to review the legality of weapons and avoiding a humanitarian disaster are the international responsibilities that the major powers should have. Since the establishment of Additional Protocol I, only a few countries have taken steps to review the legality of their weapons. The countries represented by the United States have established a review mechanism for the legality of weapons in accordance with Article 36 and have accumulated rich experience in the subjects of arms inspection, the time of examination, the legal basis and standards of review, and the collection of evidence for examination procedures. Therefore, by studying the national practice of the review mechanism of the legality of the U.S. weapons, it provides many useful references for our country to fulfill its treaty obligations and link the military with the international community.