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| Category | NATIONAL DEFENCE | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1997-03-14 | Effective Date | 1997-03-14 |
|
Law of the People's Republic of China on National Defence |
|---|
Chapter I General Provisions
Chapter II National Defence Functions and Powers of State Organs
Chapter III Armed Forces
Chapter IV Frontier Defence, Coast Defence and Air Defence
Chapter V Scientific Research and Production of National Defence and
Order for Military Materials
Chapter VI Funds and Assets of National Defence
Chapter VII National Defence Education
Chapter VIII National Defence Mobilization and War-state
Chapter IX National Defence Obligations and Rights of Citizens and
Organizations
Chapter X Obligations, rights and Interests of Serviceman
Chapter XI Foreign Military Relations
Chapter XII Supplementary Provisions Article 1 This Law is formulated in accordance with the Constitution Article 2 This Law is applicable to military activities our country takes Article 3 National defence is the security guarantee of the survival and The state shall strengthen the construction of military strength, the Article 4 The state shall establish and strengthen national defence While concentrating its energy to carry out economic construction, the Article 5 The state takes unified leadership over national defence Article 6 It is a sacred duty for every citizen of the People's Every citizen of the People's Republic of China shall fulfil according Article 7 The state and society hold respect for and give preferential The Chinese People's Liberation Army and the Chinese People's Armed Police Article 8 The People's Republic of China maintains world peace and fights Article 9 The state and society take various forms to give commendation Those that violate this Law and any law connected, refuse to fulfil Article 10 The National People's Congress decides according to the The Standing Committee of the National People's Congress decides according Article 11 The President of the People's Republic of China declares war Article 12 The State Council leads and governs the course of national (1) to compose and make programmes and plans for national defence (2) to formulate principles, policies and administrative regulations in (3) to lead and take charge of scientific research and production of (4) to govern national defence funds and national defence assets; (5) to lead and govern the work of national economic mobilization, the (6) to lead and take charge of the work of supporting the army and giving (7) to direct the work of national defence education; (8) to lead together with the Central Military Commission the work of (9) other functions and powers stipulated by law that concern with the Article 13 The Central Military Commission leads all armed forces of the (1) to direct uniformly all armed forces of the state; (2) to decide the military strategy and operational policies of the armed (3) to lead and govern the construction of the Chinese People's Liberation (4) to submit motions to the National People's Congress or the Standing (5) to formulate military regulations, issue decisions and orders in (6) to decide the system and establishment of the Chinese People's (7) to appoint and remove, train, examine, reward and punish members of (8) to ratify weaponry systems and weaponry development programmes and (9) to supervise national defence funds and assets along with the State (10) other functions and powers stipulated in law. Article 14 The State Council and the Central Military Commission may Article 15 Local people's congresses at various levels and standing Local people's governments at various levels shall supervise according to Article 16 Local people's governments at various levels and station The joint meeting of local authority and army shall be convened by the Items negotiated and decided at the joint meetings of local authority and Article 17 The armed forces of the People's Republic of China belong to Article 18 The armed forces of the People's Republic of China must comply Article 19 The armed forces of the People's Republic of China are led by Article 20 The state strengthens the construction of the armed forces' Article 21 The armed forces of the People's Republic of China shall meet Article 22 The armed forces of the People's Republic of China are The troops of the Chinese People's Liberation Army on active service are The Chinese People's Armed Police Forces shall shoulder the task of The militia shall, under the direction of military organs, shoulder the Article 23 The scale of the armed forces of the People's Republic of Article 24 The military service of the People's Republic of China is The state conducts a rank system on Servicemen on active service and Article 25 The state forbids illegal military organizations established Article 26 The territorial lands, interior waters, territorial sea and Article 27 The Central Military Commission leads uniformly the work of Local people's governments at various levels, relevant departments under Article 28 The state constructs national defence installations of combat, Article 29 The state establishes and improves the scientific and Article 30 The scientific and technical industry of national defence The state makes overall plans and programmes for the scientific and Article 31 The state promotes progress in science and technology of Article 32 The state performs uniform leadership, planned regulation and The state provides necessary guarantee conditions and preferential Enterprises and institutes bearing the responsibilities of scientific Article 33 The state takes necessary measures to train and bring up Science and technology personnel of national defence shall be respected by Article 34 The state, in accordance with needs of national defence and Article 35 The state guarantees necessary funds for national defence. The Article 36 The state adopts a system of financial allocation in the funds Article 37 Assets of national defence include capital directly invested, Assets of national defence belong to the state. Article 38 According to the requirements of national defence construction Supervising organs and units that possess and utilize assets of national Article 39 The state protects assets of national defence against inroad No organization or individual is permitted to damage, wreck or seize Article 40 The state helps citizens through national defence education It is a responsibility of the whole society to popularize and strengthen Article 41 National defence education follows the principle of Article 42 The State Council, the Central Military Commission, people's All state organs and armed forces, all political parties and social National defence education in school is the foundation of national Departments and units of education, culture, press, publication, Article 43 People's governments at various levels shall bring national Article 44 In case the People's Republic of China's sovereignty, Article 45 The state prepares for the mobilization in peaceful period, Article 46 The state establishes a system of strategic materials reserve. Article 47 The State Council and the Central Military Commission shall All state organs and armed forces, all political parties and social Article 48 According to needs in mobilization, the state may take over People's governments at or above the county level shall make proper Article 49 The state declares war state according to the stipulations of Article 50 It is an honorable obligation of citizens of the People's Drafting institutes at various levels and people's military organs at Article 51 Enterprises and institutions shall shoulder according to the Enterprises and institutions shall according to the state's stipulations Article 52 Citizens shall receive national defence education. Citizens and organizations shall protect national defence facilities, and Citizens and organizations shall abide by stipulations of protecting Article 53 Citizens and organizations shall support national defence Article 54 Citizens and organizations have the right to give advice to Article 55 Citizens and organizations that suffer economic losses Article 56 Servicemen on active service shall be loyal to the state, Article 57 Servicemen on active service shall observe the Constitution Article 58 Servicemen on active service shall develop the glorious Article 59 Servicemen shall be respected by the whole society. The state takes effective measures to protect the honour, personality and Activities of fulfilling duties by servicemen according to law shall be Article 60 The state and society give preferential treatment to The state guarantees that servicemen on active service enjoy living The state adopts a system of serviceman insurance. Article 61 The state makes appropriate settlement for the servicemen out People's governments at or above the county level shall have charge of Units admitting demobilized servicemen shall, according to the relevant Article 62 The state and society give pensions and preferential treatment After the disabled servicemen who are crippled or lose health in war or on Article 63 The state and society give preferential treatment to families Article 64 The militia, people on reserve service and other people shall Article 65 The People's Republic of China adheres to the Five Principles Article 66 The People's Republic of China supports activities relevant to Article 67 The People's Republic of China abides by relevant treaties and Article 68 The provisions about servicemen in this Law apply to the Article 69 Defence in special administrative regions of the People's Article 70 This Law comes into effect as of the date of promulgation.
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Chapter I General Provisions
with a view to establishing and strengthening national defence, and to
guaranteeing the smooth development of the construction of our socialist
modernization.
to guard against and resist aggression, prevent military subversion, safeguard
the sovereignty, unification, territorial integrity and security of our
county, as well as activities in such fields as politics, economy,
diplomacy, science and technology and education that concern military affairs.
development of our country.
construction of frontier defence, coast defence and air defence, develop the
scientific research and production of national defence, spread national
defence education among all the people, improve mobilization system, and
realize the modernization of national defence.
independently, with the initiative in our own hands and through our own
efforts, take an active defence strategy and adhere to the principle of
general self-defence.
state shall strengthen the national defence construction, promote the
harmonious development of national defence construction and economic
construction.
activities.
Republic of China to defend our motherland and resist aggression.
to law his national defence obligation.
treatment to Servicemen, protect their legal rights and interests, and develop
various kinds of activities to support the army and give preferential
treatment to the families of the Servicemen and martyrs.
Forces shall develop activities of supporting the government and cherishing
the people in order to strengthen unity between the army and the government
and between the army and the people.
against any activities of aggression and expansion in the foreign military
relations.
and reward to organizations and personnel that have made contribution to
national defence activities.
national defence obligations or jeopardize national defence interests shall be
investigated for legal responsibility.
Chapter II National Defence Functions and Powers of State Organs
stipulations of the Constitution the issue of peace or war, and exercises
other functions and powers in the aspect of national defence stipulated by the
Constitution.
to the stipulations of the Constitution the declaration of war state, decides
a general mobilization or a partial mobilization, and exercises other
functions and powers in the aspect of national defence provided by the
Constitution.
state and issues mobilization orders according to the decision of the National
People's Congress or the Standing Committee of the National People's Congress,
and exercises other functions and powers in the aspect of national defence
stipulated by the Constitution.
defence construction, and exercises the following functions and powers:
construction development;
the aspect of national defence construction;
national defence;
people's armed mobilization, and work concerned in the aspects of people's air
defence, national defence traffic, etc.;
preferential treatment to families of Servicemen and martyrs, and the work of
settling Servicemen out of active service;
governing the construction and conscription of the Chinese People's Armed
Police Forces and the militia, as well as the work of reserve duty, frontier
defence, coast defence and air defence; and
course of national defence construction.
state, and exercises the following functions and powers:
forces;
Army, formulate programmes and plans, and organize the implementation;
Committee of the National People's Congress;
accordance with the Constitution and laws;
Liberation Army, stipulate the task and responsibility of headquarters,
military area commands, services and other units at the level of military area
command;
military forces according to the provisions of laws and military regulations;
plans of the armed forces, lead and supervise scientific research and
production of national defence together with the State Council;
Council; and
convene coordination meetings according to circumstances to solve problems
connected with national defence affairs. The implementation of issues
negotiated and decided at the meetings shall be organized by the State Council
and the Central Military Commission in their respective scope of authority.
committees of local people's congresses at or above the county level shall
guarantee in their administrative divisions that laws and regulations
connected with national defence are obeyed and implemented.
limits of authority stipulated by law the work of conscription, militia,
reserve service, national defence education, national economic mobilization,
people's air defence, national defence traffic, protection of national defence
installations, settlement of Servicemen out of active service, supporting the
army and giving preferential treatment to families of Servicemen and martyrs
in their administrative divisions.
military organs shall convene according to needs joint meetings of local
authority and army to coordinate and solve problems connected with
national defence affair in their administrative divisions.
people in charge of local people's government along with the people in charge
of station military organ. The participants of the joint meetings of local
authority and army shall be decided by the conveners of the meetings.
army shall be handled by local people's governments and station military
organs according to their respective limits of authority, and matters of great
importance shall be reported to their respective higher level.
Chapter III Armed Forces
the people, whose task is to strengthen national defence, resist aggression,
defend the state, safeguard the people's peaceful work, attend the course of
national construction and serve the people wholeheartedly.
with the Constitution and laws, adhere to the principle of directing troops
in accordance with law.
the Communist Party of China. Organizations of the Communist Party of China
in the armed forces shall develop activities according to the Charter of the
Communist Party of China.
revolutionization, modernization and normalization, strengthen national
defence.
the needs of modern war, strengthen military drill, develop political work,
improve safeguard level and heighten combat effectiveness comprehensively.
composed of troops of the Chinese People's Liberation Army on active service
and reserve service, the Chinese People's Armed Police Forces and militia.
the standing army of the state, whose main task is to defend and combat, and
who may assist in maintaining public order according to law when necessary.
The troops on reserve service shall conduct drilling at ordinary times
according to regulations, and may assist in maintaining public order in
accordance with law when necessary, and shall transform into troops on active
service at wartime according to mobilization orders issued by the state.
safeguard and maintaining public order that is assigned by the state under the
leadership and direction of the State Council and the Central Military
Commission.
task of combat readiness and services, defence and combat, and shall assist in
maintaining public order.
China shall meet the needs of defending the state's security and interests.
divided into active service and reserve service. The service system of
Servicemen on active service and people on reserve service is set by law.
people on reserve service in accordance with stipulations of law.
by any organization or individual, forbids illegal military activities, and
forbids pretence to be servicemen on active service or military organization.
Chapter IV Frontier Defence, Coast Defence and Air Defence
territorial sky of the People's Republic of China are sacred and cannot be
violated. The state strengthens the construction of frontier defence, coast
defence and air defence, takes effective measures of defence and supervision
to protect the security of territorial lands, interior waters, territorial
sea and territorial sky, and to maintain the rights and interests of the
state's oceans.
frontier defence, coast defence and air defence.
the State Council and relative military organs shall, according to the extent
of authority stipulated by the state, divide the responsibility among
themselves to take charge of the supervision and defence of frontier defence,
coast defence and air defence, and make joint effort to maintain national
security and interests.
direction, communication, protection, traffic and security according to the
needs of frontier defence, coast defence and air defence. People's governments
at various levels and military organs shall, according to the provisions of
laws and stipulations, guarantee the construction of national defence
installations and safeguard national defence installations.
Chapter V Scientific Research and Production of National Defence and
Order for Military Materials
technical industry system of national defence, develops scientific research
and production of national defence, and provides the armed forces with weapons
and equipment advanced in function, reliable in quality, complete in equipment
set and convenient to manipulate and maintain as well as other useable
military materials to meet the needs of national defence.
follows the principle of combining the army with the people, peace with war,
giving priority to military goods and the people supporting army.
technical industry construction of national defence and maintains the
productive capability of scientific research for national defence on a
reasonable scale and with a complete set of specialities and rational
distribution.
national defence, strengthens research in high and new technology, gives play
to high and new technology's leading role in the development of weapons and
equipment, extends technical reserve store, and researches and produces new
weapons and equipment.
control in scientific research and production of national defence.
policies for enterprises and institutes bearing the responsibility of
scientific research and production of national defence. Local people's
governments at various levels shall provide assistance and support to
enterprises and institutes bearing the responsibilities of scientific research
and production for national defence.
research and production of national defence shall accomplish the task of
scientific research and production for national defence, and guarantee the
quality of weapons and equipment.
qualified personal of national defence science and technology, to create
favorable circumstances and conditions and to allow full play to their action.
the whole society. The state shall improve gradually the treatment of science
and technology personnel of national defence and protect their legal rights
and interests.
requirements of the socialist market economy, employs a system of order for
military goods to guarantee the purchase and supply of weapons and equipment
and other military materials.
Chapter VI Funds and Assets of National Defence
increase in the funds of national defence shall suit the needs of national
defence and the standard of national economy's development.
of national defence.
lands and other resources allocated for use by the state for the construction
of armed forces, scientific research and production of national defence and
other defence construction, as well as weapons and equipment, installations
and facilities, materials and apparatuses and technical achievements formed in
this way for purpose of national defence.
and economic construction, the state decides the scale, structure and
distribution of assets of national defence, adjusts and handles assets of
national defence.
defence shall run according to law assets of national defence, and make full
use of assets of national defence.
and damage, guarantees their security, integrity and validity.
assets of national defence. Without ratification from the State Council, the
Central Military Commission or organs authorized by the State Council or by
the Central Military Commission, units that possess and utilize assets of
national defence shall not change the assets' purpose for national defence.
Assets of national defence that have been ratified not to be used in national
defence any more shall be supervised according to law.
Chapter VII National Defence Education
enhance the sense of national defence, grasp national defence knowledge,
develop the spirit of patriotism and fulfill the obligation of national
defence at their own free will.
national defence education.
participation of all the people, long-term persistence and laying stress on
practical results, and carries out a policy of combining regular education
with concentrated education, universal education with key education, and
theoretical education with behaviour education.
governments at the level of province, autonomous region and municipality
directly under the Central Government and relevant military organs shall take
steps to strengthen the work of national defence education.
organizations, all enterprises and institutes shall organize their regions,
departments and units to carry out national defence education.
defence education of the entire people. Schools at various levels and of
various kinds shall offer proper courses of national defence education,
or add subject of national defence education to relevant courses. Military
organs shall assist schools in developing national defence education.
broadcast, film and television shall act in close coordination to develop
national defence education in various forms.
defence education into line with national economic and social development
plan, and guarantee the funds needed in national defence education.
Chapter VIII National Defence Mobilization and War State
unification, territorial integrity or security is threatened, the state starts
national mobilization or partial mobilization in accordance with the
provisions of the Constitution and laws.
brings the preparation for people's armed forces mobilization, national
economic mobilization, and mobilization for people's air defence, national
defence traffic and etc. into line with the state's overall plan and
programme, perfects the mobilization system, heightens mobilization
potentiality and improves mobilization capability.
The strategic materials reserve shall be on a proper scale, kept in security,
convenient to transfer, changed regularly and can guarantee the requirements
during war period.
lead in conjunction the preparation and implementation of mobilization.
organizations, all enterprises and institutions and citizens must complete
the work of mobilization preparation according to stipulations of law during
peaceful period, and must accomplish the mobilization task stipulated after
the mobilization order bas been issued by the state.
for use in accordance with law equipment and facilities, means of
transportation and other materials of organizations and individuals.
compensation to the requisitionees according to relevant stipulations of
the state for economic losses directly resulting from the requisition.
the Constitution, takes various measures to amass manpower, materials and
funds, leads all citizens to defend our country and resist aggression.
Chapter IX National Defence Obligations and Rights of Citizens and
Organizations
Republic of China to enlist in the army and join in the militia according to
law.
basic level shall handle the conscription work according to law, fulfill the
drafting task according to the command of the State Council and the Central
Military Commission, and guarantee the quality of troops' sources. Other
relevant state organs, social organizations, enterprises and institutions
shall fulfil according to law the work of militia and reserve duty, and
assist conscription institutes in fulfilling the drafting task.
state's requirement the task of scientific research and production for
national defence, accept the state's orders for military goods, and provide
qualified weapons and equipment or other military materials.
implement the national defence's requirement in traffic construction. Units
in charge of traffic installation such as stations, ports, airports and roads
shall provide preceded service for the passage of Servicemen on active
service, military vehicles and ships, and offer preferential treatment in
accordance with stipulations.
are forbidden to damage or do harm to national defence installations.
secrets, shall not reveal the state's secrets about national defence, shall
not possess illegally classified documents, papers or other classified
articles about national defence.
construction, and provide facilities or other assistance for such activities
of military forces as military drill, combat readiness service and defending
combat.
national defence construction, and the right to stop and inform against
activities endangering national defence.
directly owing to national defence construction or military activities may get
compensation according to relative stipulations of the state.
Chapter X Obligations, Rights and Interests of Servicemen
fulfil their duties, fight bravely, not fear sacrifice and defend the state's
security, honour and interests.
and laws examplarily, comply with military regulations, execute commands and
abide by principles strictly.
traditions of the people's army, love the people, protect the people,
participate actively in the construction of socialist material and spiritual
civilization, and fulfil such tasks as rescue and relief work.
dignity of servicemen on active service, and imposes special protection on
their marriage.
protected by law.
servicemen on active service.
farewell and treatment commensurate to the duties they fulfill, and gives
preferential treatment in such aspect as living farewell to servicemen on
active service working in such areas or positions as frontier defence, coast
defence where conditions are arduous.
of active service, provides necessary professional training for demobilized
servicemen, and guarantees retired servicemen's living welfare treatment.
settling demobilized servicemen, and arranging jobs for them on the basis of
their post-rank, contributions and specialty.
provisions of the state, give them preferential treatment in such aspect as
living welfare treatment, education and housing.
to disabled servicemen, and offer special guarantee according to law to their
life and medical treatment.
duty have withdrawn from active service, people's governments at or above the
county level shall admit and settle them in time, and guarantee their life not
under the local average living level.
of servicemen on active service, give pensions and preferential treatment to
families of martyred soldiers and of soldiers that die a martyr's death or die
of an illness on duty, and give them special treatment in such aspects as
employment, housing and compulsory education.
fulfil their own responsibilities and obligations while taking part in
military drill, performing service for combat readiness and defending combat
tasks according to law. The state and society guarantee them commensurate
treatment, and give pensions or preferential treatment to them according to
relevant regulations.
Chapter XI Foreign Military Relations
of mutual respect for territorial integrity and sovereignty, mutual
non-aggression, non-interference in each other's internal affairs, equality
and mutual benefit and peaceful coexistence, deals with foreign military
relations independently, and carries out military exchange and corporation.
military affairs that are taken by the international society to contribute to
maintaining peace, security and stability in the world and areas, and supports
efforts the international society makes to solve fairly such affairs as
international disputes, arms control and reduction of armaments.
agreements that she concludes, accedes to or accepts with foreign countries
in foreign military relations.
Chapter XII Supplementary Provisions
People's Armed Police Forces of China.
Republic of China is stipulated by the basic law of special administrative
regions and relative laws.
URL: http://www.asianlii.org/cn/legis/cen/laws/nd113