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军事法院审理民事案件尚处于发展之中,最高人民法院法函(2001)33号无疑对其起到了重要的促进作用,但离建立应然的制度形态还有一定的距离。军事法院审理民事案件在本质上是一种特殊的民事诉讼,其当事人主体范围应受到一定的限制,它的设立的目的在于关注军队的特殊性。
The trial of civil cases by the military courts is still under development. The Supreme People’s Courts Law Letter (2001) No. 33 undoubtedly played an important role in promoting them. However, there is still a long way to go before the establishment of a proper system form. The trial of civil cases by military courts is essentially a kind of special civil litigation. The scope of the subjects of the parties concerned should be subject to certain restrictions. Its purpose is to focus on the particularity of the military.