Article 8 of the "Extraxties Law of the People's Republic of China" clearly stipulates，"According to the People's Republic of China or the law of requesting the country，The crime referred to the extradition request is purely military crime "，Should refuse extradition。"About Civil signed by my country and Türkiye、Agreement of Commercial and Criminal Justice Assistance "Article 29 also has similar expressions，"The requested party thinks，The crime involved in the request is a political crime or a crime related to it，or a ‘pure military crime’ ”，Can refuse criminal judicial assistance。This "pure military crime" concept can be traced back to Italy's "Military Criminal Code"。According to the provisions of Article 37 of the Code: "Any violation of military criminal law is military crime。If a certain behavior is not stipulated by the general criminal law as a crime，Military crimes composed of this behavior are pure military crimes。"Simple military crime is not extradition, which is a general practice in international criminal judicial assistance，my country is no exception。

When the Criminal Law was revised in 1997，Former "Interim Regulations of the People's Republic of China Punitting the Crime Crustness of the Soldiers" was integrated into the modified criminal code after being integrated by the legislators，Become a division Chapter 10 The content of the soldiers violated the crime of duties。Despite this，There is no concept of pure military crime in the current criminal law。This brings a problem: under the framework of the current Criminal Code，Does the simple military crime in my country's criminal law refer to the military of the 10th chapter of the Criminal Law? This，Theoretically there are different views。

The first view is considered，Simple military crime in Chinese criminal law，means that soldiers violate their duties，The subject of its crime can only be soldiers，The object of criminal infringement is the responsibility Bet365 app download of soldiers。The second point of view is considered，Simple military crime in Chinese criminal law，refers to military staff violations of their military obligations，Military interests that endanger the country，Actions that should be punished according to law。From the perspective of extension，The pure military crime in the criminal law in my country not only includes soldiers violated the crime of duties，It also includes the crime that can be used as a crime in the crime that is harmful to the national defense interests。The third point of view is considered，Simple military crime in Chinese criminal law，refers to the composition of only military crime，Crime composition of other ordinary crimes。From the perspective of extension，The pure military crimes in my country's criminal law are scattered in the crime of soldiers' crimes and harm to national defense interests，But not all soldiers violated the crime of duties and the crime of harming national defense interests are pure military crimes。

Relatively speaking，I think the third point of view is more appropriate。First，From the perspective of extension，Military crimes in my country's criminal law include both soldiers' crimes against duties，It also includes the crime of endangering national defense interests。Different from the French Department and National conditions，The understanding of military crimes in the world is not consistent，Generally, there are two legislative legislation: militaryist and soldiers.。The key to the difference between the two legislation is whether to recognize non -soldiers，That is, ordinary citizens can also constitute military crimes。Affected by the concept of traditional military law，Military criminalism believes that whether it is military personnel，Still ordinary citizen，All can be the main body of military crime，Edem the military interests of the country。Converse，Military -criminalism in the narrow -minded military criminal doctrine believes，In addition to the case of common crime，Only military staff can become the subject of military crime，Non -soldiers cannot constitute military crimes。Due to the Single Military Military Milk Legislative Safe Case，or Single Single Military Conditions Legal Legislative Safe Case，There are deficiencies Bet365 app download in the protection of national military interests，The relationship between the protection of military interests and the protection of civil rights of citizens，Therefore, the practice of multi -discount Chineseism on military criminal law in the world today，That is the relative soldiers of militaryism and relative militaryism。The ideal state is relative martial artist: to the greatest extent, the advantages of soldiers' criminal protection to ensure ordinary civil rights; at the same time，Absorb the strengths of militaryism within the necessary military limit，Make up for the lack of regrets that the general citizen violations of the general citizen's violations of military interests。

There is no concept of military crimes in my country's criminal legislation。Considering the revision of the criminal law in 1997，Legislators not only set up a soldier who specializes in the crime of military personnel in Chapter 10，In the seventh chapter of the division, the crime of harm the national defense interests can be established by both soldiers and non -military people，Therefore, it is theoretically believed that my country also stipulates soldiers in military crime，It also stipulates military prisoners。It's just that there is still a little gap with the ideal method of military -criminalistism in the ideal of the soldiers，Forming a pattern of military prisoners and military prisoners。The book "Military Law" edited by Professor Zhang Shanxin is pointed out，Military crime refers to endangering national defense and military interests，Actions that should be punished in accordance with the law。Military crimes include two categories: one is a crime that endangers national defense interests; the other is soldiers who violate their duties。Since the military crimes in my country's criminal law include both soldiers violated the crime of duties，It also includes the crime of endangering national defense interests，Simple military crime is just a lower concept of military crime，If simply military crime is equivalent to soldiers with soldiers violated the crime of duties，In fact, the existence of the crime that endangers national defense interests in military crimes，It may lead to a passive situation in the field of international criminal bet365 Play online games judicial cooperation。Therefore，The first point is inappropriate。

Next，Analysis from a substantial perspective，There is also a pure military crime in the crime of harmful national defense interests。Theoretically, the reason why military crime is divided into pure military crimes and non -pure military crimes，The result of the distinction between "free evil" and "illegal evil"。The so -called "free evil" refers to criminal acts that violate the basic morality and rationality of human beings，Rulous、Arson、robbery、Rape and other behaviors; the so -called "illegal evil" is a violation of legal rules，But from the perspective of human nature or moral concepts, it is not necessary to be particularly unpleasant，or an understandable behavior。If in front of the test of blood and fire，Fear and panic are the natural revealing of human survival nature。That's why，The soldiers escaped during the war，Automatically put down the weapon to surrender the enemy，Or self -injury to withdraw from the battlefield soon，It seems to be understandable in front of human nature; but the responsibilities and obligations of soldiers are to face this danger，Restraint this danger，Under this danger，Therefore，The soldiers show cowardly behavior in the face of this danger，or escaping behavior is prohibited by the law，It is necessary to punish punishment。The war in the war in the sin of our country was escaped from the war、Surveying crime、Self -injury, etc.，All belong to the typical simple military crime。

From Observation，The common feature of pure military crimes is that the reason why the behavior constitutes a crime is only because it violates specific military duties or national defense obligations，If the actor does not have this specific responsibility or obligation，No need to worry about being punished by ordinary criminal law due to the above behavior。The reason why pure military crime does not extradite，It is also mainly because it violates only military duties or national defense obligations stipulated by a country's law，What is violated is the country’s military or national Bet365 lotto review defense interests，It has clear political nature、Independent，instead of like ordinary crime，What is violated is the personal person’s personal、Property、Democratic rights，or public order and other legal benefits。

What must be explained is，The subject that violates a military obligation or responsibility of a country is not limited to soldiers，Sometimes it may be ordinary citizens，or even prisoners of war。As the provisions of Article 259 of the "Military Criminal Code" in Italy，Italian citizen refuses or does not provide the required aid for aid for military ships or aircraft，constitutes the crime of refusing to assist the aid for military ships or airplanes。Article 208 of the "Military Criminal Code of War" in Italy，After being released, prisoners of war，Violation of the guarantee that you no longer participate in the war，Re -participation in combat activities against Italy or allies，Establishing a violation of the commitment to re -fight。Theoretically think，These crimes are also simple military crimes。Push according to this，In the crime of inciting soldiers in the crime of harming national defense interests，Rejects during the war、Escape from recruitment or military training，Reject military collection during wartime、Crimes such as recruitment of crimes also belong to pure military crimes，Its subject is the general subject，Not limited to military staff。This inference means，In our country，Ordinary citizens can also become the subject of pure military crime。Therefore，The second point of view is also inappropriate。

again，Analysis from the constituent elements，Not all soldiers violated the crime of duties and the crime of harming national defense interests are pure military crimes。The division of pure military crimes and non -simple military crimes in form is mainly manifested on the constituent elements。If a crime only violates the regulations of the country's military criminal law，But according to the regulations of the country's general criminal law, it does not constitute a crime，Is simply military crime。For this，Professor Huang Feng clearly pointed bet365 live casino games out，Simple military crime "is a crime that violates the military obligation stipulated in a country's laws"，"Criminal behavior that must not contain any general criminal elements"。It is certain that Chinese soldiers violated the crime of duties and the crimes that did not meet other ordinary crimes in the crime of national defense interests，Is simply military crime。Successful escape during the war、Surveying crime、Self -injury of wartime、Inciting soldiers to escape the troops，and refuse during wartime、Escape from recruitment or military training，Reject military collection during wartime、Crimes of acquisition，A crime composition that meets the crime of soldiers' crimes and the crime of national defense interests，But it does not conform to the composition of other ordinary criminal crimes，Therefore, it is a simple military crime。

Therefore，If the soldier violates the crime of duties and a crime in the crime of national defense interests，At the same time, it is in line with other ordinary criminal composition，In the case of the relationship between the law of law with ordinary crimes，It belongs to non -pure military crime。If intentional leaking military secret crimes and intentional leakage of state secret crimes, there is a law and coincidence relationship;、Crime of plundering residents' property and intentional homicide、Crime of intentional injury、There is a law and co -relationship between the crime of robbery; there is a law and co -in -law relationship between the crime of abuse and the crime of insulting;。In my country's criminal judicial practice，The above situation is actually handled by the principle of the special law than the general law.。Therefore，These military crimes are not in the category of pure military crime。

This inference means: when there is a law -coexisting relationship between the military crime and the general crime of the behavior of the behavior of the actor，Because the military crime is not a pure military crime，At this time, my country can be allowed to request the demand for the extradition request;，Requesting the country can only sue and trial on ordinary crimes that the actor violates the general crime，Military crimes violated by the actor shall not prosecute and trial。

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(Author Unit: School of Criminal Law, Northwest University of Political Science and Law)