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关于军事法独立部门地位的研究,既是一个理论问题,也严重关涉军事法制实践。以宪法国防功能视野,依结构主义的路径分析得出,军事法的独特性,其自足的根本理由,在于调整事务的特殊性——作为国家职能的国防事务。军事法的结构与其他部门法的结构具有重要的异质性,军事法是一个以国家职能履行法为主干,兼与公民权利法,以及国家机构组织法交互结合的法律部门。
The study on the status of the independent department of military law is not only a theoretical issue, but also a serious one in the military legal system. From the perspective of the constitutional defense function and from the perspective of structuralism, we can conclude that the fundamental reason for the uniqueness of the military law and its self-sufficiency lies in the special nature of its affairs - the national defense affairs as a state function. The structure of the military law is of great heterogeneity with the structure of other branches of law. The military law is a legal department that takes the implementation of the law as its backbone and interacts with the law of civil rights and the organization of state organs.