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China's National Defense in 2008

III. Reform and Development of the PLA

Persisting in Governing the Forces in Accordance with the Law

The PLA persists in taking it as the basic requirement of the regularization drive to govern the armed forces in accordance with the law, and emphasizes scientific legislation and strict law enforcement to enhance its level of regularization.

In the past 30 years of reform and opening-up the military legislative system has been improved step by step, and remarkable achievements have been made in military legislation. In 1988 the CMC set up a legal organ, and the general headquarters/departments, Navy, Air Force, Second Artillery Force and military area commands designated specific departments to be in charge of legal affairs. In 1997 the Law of the People's Republic of China on National Defense was promulgated, specifying that the CMC enacts military regulations in accordance with the Constitution and relevant laws. The Law of the People's Republic of China on Legislation promulgated in 2000 further defined the legislative authority of the CMC, general headquarters/departments, Navy, Air Force, Second Artillery Force, and military area commands. By October 2008, the National People's Congress (NPC) and its Standing Committee had made 15 laws and law-related decisions concerning national defense and armed forces building; the State Council and the CMC had jointly formulated 93 military administrative regulations; the CMC had formulated 214 military regulations; and the general headquarters/departments, Navy, Air Force, Second Artillery Force, military area commands and People's Armed Police Force (PAPF) had enacted more than 3,000 military rules and regulations. In June 2007 and December 2008, the NPC Standing Committee ratified respectively the Treaty on the Temporary Stay of the Army of One Party in the Territory of the Other Party during the Period of Joint Military Exercises between the People's Republic of China and the Russian Federation and the Agreement among the Member States of the Shanghai Cooperation Organization on Conducting Joint Military Exercises.

The PLA persists in governing the forces strictly and in accordance with the law, and improves the mechanism for making decisions and providing guidance in accordance with the law in an effort to institutionalize and regularize military, political, logistical and equipment work. It practices scientific management, strictly enforces rules and regulations, and incorporates the cultivation of proper style and strict discipline into the routine education and administration of the forces. Through strict training and daily cultivation, the PLA aims to build a force with a refined military posture, strict discipline and fine work style.

Taking disseminating knowledge of the law as an important part of strengthening all-round building, the PLA places emphasis on disseminating legal knowledge, and is stepping up efforts to popularize knowledge of the law with a clear aim and in an active and effective way. Units with security tasks in the 2008 Beijing Olympics and Paralympics organized officers and men to study relevant laws and regulations to enhance their legal awareness and their capability of dealing with emergencies in accordance with the law. Officers and men of units tasked with international peacekeeping missions and of naval ships making port calls have been organized to study the United Nations Charter, the United Nations Convention on the Law of the Sea, etc. In November 2007 the Chinese government established the National Committee for International Humanitarian Law, under the arrangement and coordination of which relevant military agencies disseminate knowledge of and implement international humanitarian law within the PLA.