法条竞合是刑法立法中的常见现象。法条竞合的本质是法益保护的竞合。军事刑法与普通刑法之间存在着普遍的竞合关系 ,这种竞合关系体现着如下的价值判断 :军事刑法所保护的法益比普通刑法所保护的法益一般而言更为重要 ;军事职责行为较之一般的公务职责行为于国家、社会的安全更为重要 ;军人较之一般的公务人员负有更严格的职责义务。我国现行的军职罪法在贯彻上述立法价值判断上存在着三个缺陷 :一是法定刑的设计不尽合理 ;二是对军费军产的保护存有重要疏漏 ;三是对个别犯罪的规定显失合理 Law competition is a common phenomenon in criminal law legislation. The essence of law enforcement is the competition of legal protection. There is a common competing relationship between the military criminal law and the ordinary criminal law, which shows the following value judgments: the legal interests protected by the military criminal law are more important than the legal interests protected by ordinary criminal law; the military responsibility behavior Social security is more important than public duties in general and nationals have stricter duties and responsibilities than the average public servant. There are three defects in carrying out the above judgments of the value of the military crimes in our country: First, the design of legal punishment is not reasonable; Second, there are important omissions in the protection of military and military products; Third, the provisions of individual crimes Significantly unreasonable