中华人民共和国兵役法中英对照.doc

中华人民共和国兵役法中英对照中华人民共和国兵役法 Military Service Law of the People's Republic of China第一条根据中华人民共和国宪法第五十五条“保卫祖国、抵抗侵略是中华人民共和国每一个公民的神圣职责。依照法律服兵役和参加民兵组织是中华人民共和国公民的光荣义务”和其他有关条款的规定，制定本法。 Article 1. This Law is formulated pursuant to Article 55 of the Constitution of the People's Republic of China, which stipulates, " It is the sacred duty of every citizen of the People's Republic of China to defend the motherland and resist aggression. It is the honourable duty of citizens of the People's Republic of China to perform military service and join the militia in accordance with the law, " and in accordance with other relevant provisions of the Constitution. 第二条中华人民共和国实行义务兵役制为主体的义务兵与志愿兵相结合、民兵与预备役相结合的兵役制度。 Article 2. The People's Republic of China shall practise a military service system which is based mainly on conscription and which combines conscripts with volunteers and a militia with a reserve service. 第三条中华人民共和国公民，不分民族、种族、职业、家庭出身、宗教信仰和教育程度，都有义务依照本法的规定服兵役。 Article 3. All citizens of the People's Republic of China, regardless of ethnic status, race, occupation, family background, religious belief and education, have the obligation to perform military service according to the provisions of this Law. 有严重生理缺陷或者严重残疾不适合服兵役的人，免服兵役。 Exemptions from military service shall be granted to persons unfit for it due to serious physical defects or serious deformities. 依照法律被剥夺政治权利的人，不得服兵役。 Persons deprived of political rights by law may not perform military service. 第四条中华人民共和国武装力量，由中国人民解放军、中国人民武装警察部队和民兵组成。 Article 4. The armed forces of the People's Republic of China shall be composed of the Chinese People's Liberation Army, the Chinese People's Armed Police Force and the Militia. 第五条兵役分为现役和预备役。在中国人民解放军服现役的称现役军人；编入民兵组织或者经过登记服预备役的称预备役人员。 Article 5. The military service shall comprise an active service and a reserve service. Those serving in the Chinese People's Liberation Army are active servicemen while those regimented into militia organizations or registered in the reserve service are reservists. 第六条现役军人和预备役人员，必须遵守宪法和法律，履行公民的义务，同时享有公民的权利；由于服兵役而产生的权利和义务，除本法的规定外，另由军事条令规定。 Article 6. The active servicemen and reservists must abide by the Constitution and the law, and shall perform their duties and at the same time enjoy their rights as citizens; their rights and duties resulting from their joining the military service shall be specified separately in military regulations in addition to the provisions of this Law. 第七条现役军人必须遵守军队的条令和条例，忠于职守，随时为保卫祖国而战斗。 Article 7. Active servicemen must abide by the rules and regulations of the army, faithfully discharge their duties and always be ready to fight for the defence of the motherland. 预备役人员必须按照规定参加军事训练，随时准备参军参战，保卫祖国。 Reservists must participate in military training according to the regulations and always be ready to join the army and take part in war for the defence of the motherland. 第八条现役军人和预备役人员建立功勋的，得授予勋章、奖章或者荣誉称号。 Article 8. Medals, decorations or titles of honour shall be given to active servicemen and reservists who perform meritorious deeds. 第九条中国人民解放军实行军衔制度。 Article 9. The People's Liberation Army shall practise a system of military ranks. 第十条全国的兵役工作，在国务院、中央军事委员会领导下，由国防部负责。 Article 10. Responsibility for military service work throughout the country shall be assumed by the Ministry of National Defence under the leadership of the State Council and the Central Military Commission. 各军区按照国防部赋予的任务，负责办理本区域的兵役工作。 The military commands shall be responsible for military service work within their respective areas as assigned by the Ministry of National Defence. 省军区（卫戌区、警备区）、军分区（警备区）和县、自治县、市、市辖区的人民武装部，兼各该级人民政府的兵役机关，在上级军事机关和同级人民政府领导下，负责办理本区域的兵役工作。 The provincial commands ( garrison commands ), sub-commands (garrison commands) and the departments of people's armed forces of counties, autonomous counties, cities and municipal districts shall concurrently act as the military service organs of the people's governments at the corresponding levels and shall be responsible for military service work in their respective areas under the leadership of military organs at higher levels and the people's governments at corresponding levels. 机关、团体、企业事业单位和乡、民族乡、镇的人民政府，依照本法的规定完成兵役工作任务。兵役工作业务，在设有人民武装部的单位，由人民武装部办理；不设人民武装部的单位，确定一个部门办理。 Government organs, public organizations, enterprises and institutions and the people's governments of townships, nationality townships, and towns shall carry out military service work according to the provisions of this Law. Professional work concerning military service shall be handled by the department of people's armed forces or by a designated department where there is no such department. 第二章平时征集 CHAPTER II ENLISTMENT IN PEACE TIME 第十一条全国每年征集服现役的人数、要求和时间，由国务院和中央军事委员会的命令规定。 Article 11. The number of citizens to be enlisted for active service each year, the requirements for them to be enlisted and the time schedule for enlistment shall be prescribed by order of the State Council and the Central Military Commission. 第十二条每年十二月三十一日以前年满十八岁的男性公民，应当被征集服现役。当年未被征集的，在二十二岁以前，仍可以被征集服现役。 Article 12. Each year, male citizens who have reached 18 years of age by December 31 shall be enlisted for active service. Those who are not enlisted during the year shall remain eligible for active service until they are 22. 根据军队需要，可以按照前未规定征集女性公民服现役。 To meet the needs of the armed forces, female citizens may be enlisted for active service according to the provision of the preceding paragraph. 根据军队需要和自愿的原则，可以征集当年十二月三十一日以前未满十八岁的男女公民服现役。 To meet the needs of the armed forces and on the principle of voluntary participation, male and female citizens who have not yet reached 18 years of age by December 31 of a certain year may be enlisted for active service. 第十三条每年十二月三十一日以前年满十八岁的男性公民，都应当在当年九月三十日以前，按照县、自治县、市、市辖区的兵役机关的安排，进行兵役登记。经兵役登记和初步审查合格的，称应征公民。 Article 13. Each year, male citizens who will be 18 years old by December 31 shall be registered for military service by September 30 according to the arrangements of the military service organs of counties, autonomous counties, cities or municipal districts. Those who have registered and have passed the preliminary examination are called citizens eligible for enlistment. 第十四条在征集期间， 应征公民应当按照县、自治县、 市、市辖区的兵役机关的通知，按时到指定的体格检查站进行体格检查。 Article 14. During the period of enlistment, citizens eligible for enlistment shall, upon notification by the military service organs of counties, autonomous counties, cities or municipal districts, go to the designated health centres in time for physical examination. 应征公民符合服现役条件，并经县、自治县、市、市辖区的兵役机关批准的，被征集服现役。 Citizens eligible for enlistment who are qualified for active service shall be enlisted for such service upon approval by the military service organs of counties, autonomous counties, cities or municipal districts. 第十五条应征公民是维持家庭生活的唯一劳动力或者是正在全日制学校就学的学生，可以缓征。 Article 15. The enlistment of a citizen eligible for enlistment may be deferred if he is the only worker in his family providing its means of subsistence or if he is a student in a full-time school. 第十六条应征公民被羁押正在受侦查、起诉、审判的或者被判处徒刑、拘役、管制正在服刑的，不征集。 Article 16. A citizen eligible for enlistment shall not be enlisted if he is detained for investigation, prosecution or trial, or if he has been sentenced to imprisonment, criminal detention or public surveillance and is serving his sentence. 第三章 士兵的现役和预备役 CHAPTER III THE ACTIVE SERVICE AND RESERVE SERVICE OF SOLDIERS 第十七条士兵包括义务兵和志愿兵。 Article 17. There shall be two types of soldiers: conscripts and volunteers. 第十八条义务兵服现役的期限：陆军三年；海军、空军四年。 Article 18. The term of service for conscripts shall be three years in the army and four years in the navy and the air force. 义务兵服现役期满，根据军队的需要和本人自愿，可以超期服现役。超期服现役的期限：陆军一年至二年；海军、空军一年。 Upon the expiration of his active service, a conscript may, according to the need of the armed forces and on a voluntary basis, extend his service. The extended period of service shall be one to two years in the army and one year in the navy and the air force. 第十九条超期服现役的义务兵服现役满五年，已成为专业技术骨干的，由本人申请，经师级以上机关批准，可以改为志愿兵。 Article 19. A conscript on extended active duty who has completed five years of active service and who has become professionally or technically skilled may, by his application and upon approval by a division headquarters or a higher organ, change to a volunteer. 志愿兵服现役的期限，从改为志愿兵之日算起，至少八年，不超过十二年，年龄不超过三十五岁；军队有特殊需要，本人自愿，经军级以上机关批准，可以适当延长。 The term of active service for a volunteer shall be no less than eight years and no more than twelve years, counting from the day he changes to a volunteer, up to a maximum age of 35; the term may be extended appropriately upon approval by an army headquarters or a higher organ if the volunteer is specially needed in the armed forces and if he desires the extension. 第二十条士兵服现役期满，应当退出现役。因军队编制员额缩减需要退出现役的，经军队医院诊断证明本人健康状况不适合继续服现役的，或者因其他特殊原因需要退出现役的，经师级以上机关批准，可以提前退出现役。 Article 20. A soldier shall be discharged from active service upon the expiration of his term of active service. Those who have to be discharged from active service because of a reduction in the personnel of the armed forces, a condition of health unfit for continued service as diagnosed and certified by a hospital of the armed forces, or other special reasons may be discharged before the expiration of the terms of their active service upon approval by a division headquarters or a higher organ. 第二十一条士兵退出现役时，符合预备役条件的，由部队确定服士兵预备役；经过考核，适合担任军官职务的，服军官预备役。 Article 21. A soldier who is discharged from active service but is qualified for reserve service shall be assigned by his army unit to serve in the soldiers reserve; a soldier who is considered after assessment to be fit for the post of an officer shall serve in the officers reserve. 退出现役的士兵，由部队确定服预备役的，在回到本人居住地以后的三十天内，到当地县、自治县、市、市辖区的兵役机关办理预备役登记。 A soldier who is discharged from active service and assigned by his army unit to serve in the reserve shall, within thirty days of returning to his place of residence, register for reserve service with the military service organ of his county, autonomous county, city or municipal district. 第二十二条按照本法第十三条规定经过兵役登记的应征公民，未被征集服现役的，服士兵预备役。 Article 22. Citizens eligible for enlistment who have registered for military service according to the provisions of Article 13 of this Law but who have not been enlisted for active service shall serve in the soldiers reserve. 第二十三条士兵预备役的年龄，为十八岁至三十五岁。 Article 23. Persons serving in the soldiers reserve shall be aged between 18 and 35. 第二十四条士兵预备役分为第一类和第二类。 Article 24. Persons in the soldiers' reserve shall be divided into two categories: 第一类士兵预备役包括下列人员： Category One of the persons in the soldiers' reserve shall include: （一）按照本法第三十八条规定编入基干民兵组织的人员； (1) persons regimented into primary militia organizations pursuant to the provisions of Article 38 of this Law; （二）在不建立民兵组织的单位 ， 经过预备役登记的二十八岁以下的退出现役的士兵； (2) soldiers under the age of 28 who have been discharged from active service and have registered for reserve service in work units where no militia organizations are to be established; and （三）经过预备役登记的二十八岁以下的专业技术人员。 (3) professional and technical personnel under the age of 28 who have registered for reserve service. 第二类士兵预备役包括下列人员： Category Two of the persons in the soldiers reserve shall include: （一）按照本法第三十八条规定编入普通民兵组织的人员； (1) persons regimented into ordinary militia organizations pursuant to the provisions of Article 38 of this Law; and （二）在不建立民兵组织的单位，经过预备役登记的二十九岁至三十五岁的退出现役的士兵，以及其他符合士兵预备役条件的男性公民。 (2) soldiers aged between 29 and 35 who have been discharged from active service and have registered for reserve service as well as other male citizens qualified for reserve service in work units where no militia organizations are to be established. 第一类预备役士兵，二十九岁转入第二类预备役；第二类预备役士兵，三十五岁退出预备役。 Reserve soldiers in Category One shall be transferred to Category Two upon attaining the age of 29; those in Category Two shall be discharged from the reserve service at the age of 35. 第四章军官的现役和预备役 CHAPTER IV THE ACTIVE SERVICE AND RESERVE SERVICE OF OFFICERS 第二十五条现役军官由下列人员补充： Article 25. Officers in active service shall be replenished with the following personnel: （一）军事院校毕业的学员； (1) graduates of military institutes and academies; （二）在中央军事委员会批准开办的培训军官的机构受训后，经考核适合担任军官职务的士兵； (2) soldiers who have been trained at officers training centres established with the approval of the Central Military Commission and who are considered after assessment to be fit for the posts of officers; （三）高等院校、中等专业学校毕业的适合担任军官职务的学生； (3) graduates of institutions of higher learning and secondary technical schools who are fit for officers posts; and （四）军队的文职干部和个别接收的非军事部门的专业技术人员。 (4) civilian cadres of the armed forces and professional and technical personnel recruited individually from non-military departments. 在战时，现役军官还由下列人员补充： In wartime, officers in active service shall also be replenished with the following personnel: （一）可以直接任命为军官的士兵； (1) soldiers who can be appointed directly as officers; and （二）征召的预备役军官和适合服现役的非军事部门的干部。 (2) reserve officers called into active service and cadres of non-military departments fit for active service. 第二十六条预备役军官包括下列人员： Article 26. Officers in reserve service shall consist of the following: （一）退出现役转入预备役的军官； (1) officers who have been discharged from active service and transferred to reserve service; （二）确定服军官预备役的退出现役的士兵； (2) soldiers who have been discharged from active service and assigned to serve in the officers reserve; （三）确定服军官预备役的高等院校毕业学生； (3) graduates of institutions of higher learning assigned to serve in the officers reserve; （四）确定服军官预备役的专职人民武装干部和民兵干部； (4) full-time cadres of the departments of people's armed forces and cadres of the militia assigned to serve in the officers reserve; and （五）确定服军官预备役的非军事部门的干部和专业技术人员。 (5) cadres and professional and technical personnel of non-military departments assigned to serve in the officers reserve. 第二十七条军官服现役和服预备役的最高年龄由中国人民解放军军官服役条例规定。 Article 27. The maximum age for officers in active and reserve services shall be stipulated in the Regulations of the Chinese People's Liberation Army on the Military Service of Officers. 第二十八条 现役军官按照规定服役已满最高年龄的，退出现役；未满最高年龄因特殊情况需要退出现役的，经批准可以退出现役。 Article 28. Officers in active service who have attained the maximum age stipulated for such service shall be discharged from such service; those who have not attained the maximum age but have to be discharged from active service for special reasons may be discharged from such service with approval. 军官退出现役时，符合服预备役条件的，转入军官预备役。 Officers discharged from active service may be transferred to the officers reserve if they are qualified to serve in the latter. 第二十九条退出现役转入预备役的军官，退出现役确定服军官预备役的士兵，以及确定服军官预备役的高等院校毕业学生，在到达工作单位或者居住地以后的三十天内，到当地县、自治县、市、市辖区的兵役机关办理预备役登记。 Article 29. Officers who have been discharged from active service and transferred to reserve service, soldiers