Law

The Supreme People's Court issues typical cases to strengthen judicial protection of military facilities

2025-02-19   

On the occasion of the 35th anniversary of the promulgation of the Law of the People's Republic of China on the Protection of Military Facilities, the Supreme People's Court released five typical cases of judicial protection of military facilities on February 19, demonstrating the firm determination and unremitting efforts of the people's courts to play their functional role, strengthen judicial protection of military facilities, and safeguard national defense interests, and promote the public to further enhance their awareness of national defense and the rule of law. The people's courts conscientiously implement the provisions of the Law on the Protection of Military Facilities, give full play to the functions of civil and administrative judiciary, continuously strengthen the coordination of case establishment, trial and execution, effectively safeguard the rights and interests of military facilities in the army, and effectively safeguard national defense interests. In Case 1, a military sub district training site has obtained a state-owned land use right certificate, which not only belongs to the military assets, but also to military facilities, and no one is allowed to occupy it. In this case, the people's court was involved in the trial and execution of the case, timely judged and fulfilled the rights determined by the effective judgment, and lawfully stopped the infringement of the training venue. In Case 3, the newly built military outpost needs to handle real estate registration, but the registration and certification process is hindered due to the lack of some original files and construction materials. The people's court is based on the substantive resolution of administrative disputes, conducts on-site visits to clarify facts, coordinates relevant units to communicate and conduct legal analysis, and effectively promotes the resolution of the issue of registering the ownership of outposts. In recent years, crimes such as damaging military optical cables and other military facilities have occurred frequently, endangering military security and affecting the execution of military tasks by the troops. They should be punished according to law. In Case 4, Xu, as a professional line inspector, was aware of the importance of fiber optic cable safety. Knowing it was a military fiber optic cable, he cut it for personal gain, causing communication interruption among the troops. This not only resulted in asset losses but also posed a threat to national defense security. The people's courts use criminal judicial means to punish and deter others, effectively safeguarding national defense security. In the handling of judicial protection cases for military facilities, the people's courts actively play the role of the military civilian association business opportunity system to more fully and thoroughly solve the problem, prescribe the right medicine and implement policies according to the case, and enhance the protection of military facilities. In Case 2, the People's Court insisted on resolving disputes at the source, extended its judicial function, organized and coordinated consultations between military and civilian departments, facilitated the implementation of rectification plans, and rectified all issues affecting the safety of military airports. It also collaborated with the local government to revise and improve relevant policy documents, achieving a comprehensive effect of "hearing one case and resolving one area". In Case 5, in response to the urgent training needs of the military, the People's Court provided convenience for the military training in accordance with the law, coordinated and supported the military operations of the troops, protected the legitimate rights and interests of the parties involved, timely solved the difficulties of the military training, and ensured the normal training of the troops stationed in the sealed factory area. Next, the Supreme People's Court will continue to strengthen the protection of rights related to the military, effectively strengthen guidance to subordinates, continuously improve military civilian judicial cooperation, and provide high-quality judicial services to ensure national defense and military modernization, and help build a strong and prosperous military. (New Society)

Edit:Rina Responsible editor:Lily

Source:gmw.cn

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