唧唧堂编辑二朵2014-04-08 12:52 PM

我国国防教育立法完善问题研究 A Study of improvements made to the National Defence Education Legislation in China

论文摘要:


国防教育是我国国防战略的重要组成部分。通过国防教育的开展,可以激发全体国民的国防意识,可以为国防建设培养大量人才,为国防科技提供智力支持,最终为国防建设提供人力和智力的双重保障。国防教育法是国防教育正规化、长期化开展的有效法律保证。2001年颁布的国防教育法有力的促进了国防教育活动的顺利开展。进入新时期以来,国际国内环境都发生了较大的变化,针对新情况新问题的出现,国防教育法调整范围的局限性也暴露了出来。因此,本文即是以我国现行国防教育法为研究对象,提出在新时期应该对国防教育立法进行完善的地方。 


本文主要从以下几个方面进行论述:首先,对国防教育的基本范畴进行界定,分析了国防教育法的立法目标,包括有价值目标、体系目标和实践目标,论证了国防教育法的应然和实然价值。其次,文章展开了对我国国防教育立法现状的考察,针对国防教育法律文本和法律实践中存在的问题,对所存在的问题进行客观评价并对产生该问题的原因作以简要分析。最后,针对存在的不足,提出了国防教育立法进一步需要完善的内容,从而完善国防教育相关法律制度,推进新形势下我国国防教育工作的深入发展。 


Abstract: 


The National defence education legislation is an important component of our national defence strategy in China. National defence education can stimulate the awareness of national defence of all citizens and cultivate a large number of talented individuals for the national defence programme. As well as providing intellectual support for national defence technology and ultimately, provide both human and intellectual protection for national defence construction. The National Defence Education Act is the legal guarantee to provide national education, both now and in the long term. The National Defence Education Act, enacted in 2001, significantly successfully drove national defence activities forward in China. Since the beginning of the new era, the domestic and international environment has changed significantly. As new situations and new problems are coming out, the limitations of the scope the National Defence Education Act can adjust may potentially be exposed. Therefore, this study will target the current application of the National Defence Education Act in China, demonstrating what might need to be improved for national defence legislation in the new era.


This study contains the following parts: Firstly, I will define the basic conceptual categories of national defence education and analyse the goals, including value goals, system goals and practice goals, to legislate the National Defence Education Act, and prove the "ought to be" value and "is" value of the National Defence Education Act. Secondly, I will study the legislative status of the National Defence Education Act in China and objectively evaluate and briefly analyse the cause of the problems that exist in legal documents and legal practice of the National Defence Education Act. Finally, as I focus on the shortcomings, I will propose the contents required to be improved for the National Defence Education Act and thereby will seek to improve relative legal systems for the National Defence Education Act and promote the further development of China's national defence education programme under the new situation.


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