IV. Deployment of the Armed Forces
Adapting to changes both in times and security environment, the Chinese armed forces take an active role in dealing with various security threats, safeguard national security and development interests, and play an important role in maintaining world peace and promoting common development.
Safeguarding Border, Coastal and Territorial Air Security
China practices an administration system of sharing responsibilities between the military and the local authorities in border and coastal defense. The armed forces are mainly tasked to safeguard the border, coastal and maritime security, and guard against, stop and subdue such activities as foreign intrusions, encroachments, provocations and cross-border sabotage. The main responsibilities of the border public security force are as follows: border, coastal and maritime public security administration, entry-exit frontier inspection at ports; prevention and crackdown on illegal and criminal acts in border and coastal areas, such as illegal border crossing, drug trafficking and smuggling; and organization of and participation in counter-terrorist and emergency-management operations in border and coastal areas. Organs of maritime surveillance, fisheries administration, marine affairs, inspection and quarantine, and customs are responsible for ensuring legitimate rights, law enforcement, and administration. The State Commission of Border and Coastal Defense, under the dual leadership of the State Council and the Central Military Commission (CMC), coordinates China's border and coastal defenses. All military area commands, as well as border and coastal provinces, cities and counties, have commissions to coordinate border and coastal defenses within their respective jurisdictions.
In recent years, in line with the policy of consolidating border defense, cultivating good neighborliness and friendship, maintaining stability and promoting development, the PLA frontier and coastal guards abide by relevant laws and regulations of China as well as any treaties and agreements with neighboring countries, well perform border defense duties, maintain a rigorous guard against any invasion, encroachment or cross-border sabotage, timely prevent any violation of border and coastal policies, laws and regulations and changes to the current borderlines, and effectively safeguard the security and stability of the borders, coastal areas and maritime waters within their jurisdictions. The border public security force makes solid progress in border defense and control, counter-terrorism, and maintenance of stability. It has strengthened efforts in port inspection, maritime management and control, and clampdown on crimes, including illegal border crossing, drug-trafficking and smuggling. Since 2009, it has solved 37,000 cases and confiscated 3,845 illegal guns.
China has always treated combined military, police and civilian efforts as a strong guarantee for consolidating border and coastal defenses and developing border and coastal areas. In recent years, China has steadily improved a border and coastal defense force system featuring the PLA as the mainstay, the coordination and cooperation of other relevant forces, and the extensive participation of the militia, the reserve forces and the people in the border and coastal areas. It has advanced the informationization of border and coastal defenses, taking the command system as the focus and information infrastructure as the support, and strengthened efforts in building border and coastal defense infrastructure. This has enhanced border and maritime control capabilities and promoted the economic construction and social stability in the border and coastal areas.
Territorial air security is an important constituent of overall national security. The PLAAF is the mainstay of national territorial air defense, and in accordance with the instructions of the CMC, the Army, Navy, and People's Armed Police Force (PAPF) all undertake some territorial air defense responsibilities. The PLAAF exercises unified command over all air defense components in accordance with the CMC's intent. China's territorial air defense system stands on permanent alert. It keeps track of any developments in the air, preserves air traffic order, organizes combat air patrols, handles air emergencies, and resolutely defends China's sovereignty over its territorial air and its air security.
Maintaining Social Stability
In accordance with relevant laws and regulations, and mainly under the unified leadership of local Party committees and governments, the armed forces of China assist the public security forces in maintaining social order and ensure that the people live and work in peace and stability.
The PAPF is the state's backbone and shock force in handling public emergencies. Since 2009, it has handled 24 acts of serious violence and crime, including hostage taking, participated in 201 operations of hunting down criminal suspects, and fulfilled the task of security provision during the celebrations of the 60th anniversary of the founding of the People's Republic of China, the Shanghai World Expo, and the Guangzhou Asian Games.
In November 2010, the CMC approved and promulgated Regulations on Emergency Command in Handling Emergencies by the Armed Forces, which specifies for the armed forces regulations concerning their organization, command, force deployment, integrated support, and civil-military coordination while carrying out missions to maintain social stability and handle emergencies.
Participating in National Construction, Emergency Rescue and Disaster Relief
As stipulated by the Constitution and laws, an important task for the armed forces is to take part in national construction, emergency rescue, and disaster relief.
The PLA and PAPF have actively participated in and supported national construction work, of which a key component is the large-scale development of the western region. In the past two years, they have contributed more than 16 million workdays and utilized 1.3 million motor vehicles and machines, and participated in construction of more than 600 major infrastructure projects relating to transportation, hydropower, communications and energy. They have set up more than 3,500 contact points for rural poverty alleviation, and provided assistance to over 8,000 small public initiatives, such as water-saving irrigation projects, drinking water projects for both people and livestock, road construction projects, and hydropower projects. The armed forces stationed in the western region have planted 11 million trees and afforested 3.2 million mu of barren hills and desert land by large-scale forestation and aerial planting. PLA medical and health units have provided assistance to 130 county-level hospitals in poverty-stricken western areas, sent there 351 medical teams and donated 110 sets (items) of instruments and equipment. With donations, the armed forces have financed and built eight schools and one rehabilitation center in earthquake-stricken areas in Sichuan, Shaanxi and Gansu provinces.
The armed forces of China act as the shock force in emergency rescue and disaster relief. In January 2009, with the armed forces as the mainstay, China formed eight state-level emergency-response professional units, boasting a total of 50,000 personnel, specializing in flood control and emergency rescue, earthquake rescue, nuclear, biological and chemical emergency rescue, urgent air transportation, rapid road repair, maritime emergency search and rescue, emergency mobile communication support, and medical aid and epidemic prevention. In July 2009, China integrated the 31,000-strong PAPF protecting water and electricity supplies and communications into the national emergency rescue system. Provincial level units specializing in emergency rescue have been formed with the joint participation of military area commands and relevant provinces, autonomous regions, or municipalities directly under the central government.
In the past two years, the PLA and PAPF have engaged a total of 1.845 million troop deployments and 790,000 deployments of vehicles or machines of various types, flown over 181 sorties (including the use of helicopters), organized 6.43 million militiamen and reservists, participated in disaster relief operations in cases of floods, earthquakes, droughts, typhoons and forest fires, rescued or evacuated a total of 1.742 million people, rush-transported 303,000 tons of goods, dredged 3,742 km of waterways, dug 4,443 wells, fortified 728 km of dikes and dams, and delivered 504,000 tons of domestic water.
Participating in UN Peacekeeping Operations
As a responsible major power, China has consistently supported and actively participated in the UN peacekeeping operations, making a positive contribution to world peace.
In 1990, the PLA sent five military observers to the UN Truce Supervision Organization (UNTSO) - the first time China had taken part in UN peacekeeping operations. In 1992, it dispatched an engineering corps of 400 officers and men to the UN Transitional Authority in Cambodia (UNTAC) - the first time China had sent an organic unit on peacekeeping missions. It established the Peacekeeping Affairs Office of the Ministry of National Defense of the People's Republic of China in 2001. In 2002, it joined the UN Stand-by Arrangement System. In 2009, it established the Peacekeeping Center of the Ministry of National Defense of the People's Republic of China. As of December 2010, China has dispatched 17,390 military personnel to 19 UN peace-keeping missions. Nine officers and men have lost their lives on duty.
Tough, brave and devoted, the Chinese peacekeeping troops have fulfilled various tasks entrusted to them by the UN in a responsible and professional way. They have built and repaired over 8,700 km of roads and 270 bridges, cleared over 8,900 mines and various explosive devices, transported over 600,000 tons of cargo across a total distance of 9.3 million km, and treated 79,000 patients.
As of December 2010, the PLA had 1,955 officers and men serving in nine UN mission areas. China has dispatched more peacekeeping personnel than any other permanent member of the UN Security Council. Among these are 94 military observers and staff officers; 175 engineering troops and 43 medical personnel for the United Nations Organization Mission in the Democratic Republic of the Congo (UNMONUC); 275 engineering troops, 240 transportation troops and 43 medical personnel for the United Nations Mission in Liberia (UNMIL); 275 engineering troops and 60 medical personnel for the United Nations Interim Force in Lebanon (UNIFIL); 275 engineering troops, 100 transportation troops and 60 medical personnel for the United Nations Mission in Sudan (UNMIS); and 315 engineering troops for the African Union/United Nations Hybrid Operation in Darfur (UNAMID).
Conducting Escort Operations in the Gulf of Aden and Waters off Somalia
In line with relevant UN resolutions, China dispatched naval ships to conduct escort operations in the Gulf of Aden and waters off Somalia on December 26, 2008. They are mainly charged with safeguarding the security of Chinese ships and personnel passing through the Gulf of Aden and Somali waters, and the security of ships delivering humanitarian supplies for the World Food Program and other international organizations, and shelter pass-by foreign vessels as much as possible. As of December 2010, the Chinese Navy has dispatched, in seven sorties, 18 ship deployments, 16 helicopters, and 490 Special Operation Force (SOF) soldiers on escort missions. Through accompanying escort, area patrol, and onboard escort, the Chinese Navy has provided protection for 3,139 ships sailing under Chinese and foreign flags, rescued 29 ships from pirate attacks, and recovered nine ships released from captivity.
China takes a proactive and open attitude toward international escort cooperation. Chinese escort fleets have established mechanisms for regular intelligence exchange and sharing with relevant countries and organizations. It has exchanged 24 boarding visits of commanders with fleets from the EU, the multinational naval force, NATO, Russia, the ROK, the Netherlands and Japan. It has conducted joint escort operations with Russian fleets and joint maritime exercises with ROK escort ships, and exchanged officers for onboard observations with Dutch fleets. China has joined international regimes such as the UN liaison groups' meeting on Somali pirates, and the international conference on "intelligence sharing and conflict prevention" escort cooperation.
Holding Joint Military Exercises and Training with Other Countries
In adherence to the principles of being non-aligned, non- confrontational, and not directed against any third party, the PLA has held joint exercises and training with other countries pursuant to the guidelines of mutual benefit, equality and reciprocity. As of December 2010, the PLA has held 44 joint military and training exercises with foreign troops. This is conducive to promoting mutual trust and cooperation, drawing on useful lessons, and accelerating the PLA's modernization.
Joint counter-terrorism military exercises within the SCO framework are being institutionalized. In 2002, China ran a joint counter-terrorism military exercise with Kyrgyzstan, the first ever with a foreign country. In 2003, China ran a multilateral joint counter-terrorism military exercise with other SCO members, again the first ever with foreign countries. In 2006, China and Tajikistan ran a joint counter-terrorism military exercise. China and Russia as well as other SCO members ran a series of "Peace Mission" joint counter-terrorism military exercises in 2005, 2007, 2009 and 2010.
Maritime joint exercises have been held on a regular basis. In 2003, China ran a joint maritime search-and-rescue exercise with Pakistan, the first ever between China and a foreign country. During mutual port calls and other activities, the PLAN has run bilateral or multilateral joint maritime exercises with the navies of India, France, the UK, Australia, Thailand, the US, Russia, Japan, New Zealand and Vietnam, focusing on tasks such as search-and-rescue, communication, formation sailing, diving, and escorting. In 2007 and 2009, the PLAN participated in multilateral joint maritime exercises organized by the Pakistani navy. In 2007, the PLAN took part in the joint maritime exercise held in Singaporean waters within the framework of the Western Pacific Naval Symposium. In 2010, China held a joint marine training with Thailand, the first ever between China and a foreign country.
Extensive joint military training on land has been carried out. China held a joint army training with Thailand in 2007, the first ever with a foreign country. In recent years, China has conducted joint military training with many countries, including Pakistan, India, Singapore, Mongolia, Romania and Thailand, focusing on tasks such as counter-terrorism, security and safeguarding, peacekeeping, and mountain and amphibious operations, all directed towards exploring new models of mixed grouping and joint training. In 2009, for the first time, China sent a medical detachment to Africa to hold a joint operation with Gabon, to conduct medical training and rescue exercises, and to provide medical assistance for local residents. In 2010, China sent a medical team to Peru for joint training on humanitarian medical aid and emergency medical rescue, in an effort to improve its capabilities in responding to humanitarian emergencies.
Participating in International Disaster Relief Operations
China's armed forces consider it an obligation to take part in international disaster relief operations organized by the government, and to fulfill international humanitarian obligations. In recent years, they have actively assisted relevant departments of the Chinese government to provide relief materials to disaster-stricken countries and to contribute specialized teams to international disaster relief operations.
Since the PLA provided relief supplies to Afghanistan in 2002, it has carried out 28 urgent international humanitarian aid missions, and provided 22 disaster-stricken countries with relief materials including tents, blankets, medicine, medical appliances, food and generators. The total value exceeds RMB950 million. In 2001, the Chinese International Search and Rescue (CISAR) team, consisting of officers and men from an engineer regiment of the Beijing Military Area Command, medical care personnel from the PAPF General Hospital, and experts from the China Earthquake Administration, began to participate in international disaster relief operations. CISAR has since carried out eight rescue operations in disaster-stricken countries. In January 2010, the CISAR team and the PLA medical care and epidemic prevention team were sent to Haiti to conduct earthquake rescue, post-earthquake search and relief, medical work and epidemic prevention operations. They rescued and treated 6,500 sick and injured. In September 2010, the CISAR team, a PLA medical team and a helicopter rescue formation were sent to Pakistan to conduct humanitarian rescue operations, with the saving and treatment reaching 34,000 person-times in total and 60 tons of airdropped goods and materials.
The Chinese armed forces have played an active role in international exchanges and cooperation in disaster relief, engaging in close communication and coordination with relevant countries and international organizations, and promoting the perfection of procedures and the training of personnel for regional disaster relief. They have held seminars and joint operations on humanitarian rescue and disaster limitation with armed forces of the US, Australia and New Zealand, run the ASEAN Regional Forum workshop on formulating legal rules for armed forces' participation in international disaster relief operations, and attended the ASEAN Plus Three workshop on armed forces' participation in international disaster relief.
V. National Defense Mobilization and Reserve Force Building
China pursues the principles of combining peacetime needs with wartime needs, integrating military with civilian purposes and combining military efforts with civilian support. It strengthens national defense mobilization and reserve force building, enhances national defense mobilization capabilities, and reinforces its defense strength.
Organizational Structure and Leadership System of National Defense Mobilization
According to the Constitution and related laws, the Standing Committee of the National People's Congress (NPC) decides on general or partial mobilization. The president of the People's Republic of China, pursuant to the decisions of the Standing Committee of the NPC, issues mobilization orders. The State Council and the CMC work in combination to direct nationwide mobilization, formulate principles, policies and regulations, and organize the implementation of mobilization in accordance with the decisions of the Standing Committee of the NPC and mobilization orders issued by the president. When China's state sovereignty, national unification, territorial integrity or security are under imminent threat which requires an immediate action, the State Council and the CMC may take the necessary measures of national defense mobilization in response to the urgency and seriousness of the event, and at the same time report to the Standing Committee of the NPC.
Local people's governments organize and execute national defense mobilization within its administrative area in accordance with relevant principles, policies, laws and regulations. Related departments of local people's governments at and above the county level and those of the armed forces, within their respective scopes of duties, take charge of national defense mobilization work, and execute the programs and pre-arranged implementation plans.
At each level of the people's government from the county up to the state and in each military area command, there is a national defense mobilization commission. The State Commission for National Defense Mobilization, under the leadership of the State Council and the CMC, is in charge of organizing, directing and coordinating the nationwide national defense mobilization. The leaders of the State Council and the CMC take the positions of chairman and vice chairmen of the State Commission for National Defense Mobilization. Other members of the Commission include leaders of relevant ministries and commissions under the State Council, and leaders of the general headquarters/departments of the PLA. The core responsibilities of the Commission are to carry out the military strategy of active defense, organize and implement the state's defense mobilization, and coordinate relations between economic and military affairs, the armed forces and the government, and manpower and materials support in defense mobilization. Commissions for national defense mobilization of military area commands and local people's governments at and above county level are in charge of organizing, directing and coordinating national defense mobilization work within their respective jurisdictions. There are administrative offices in each commission for national defense mobilization to organize its routine work. At present, the State Commission for National Defense Mobilization has under its charge administrative offices responsible for the mobilization of the people's armed forces, national economy, civil air defense, transportation, and national defense education. The commissions in military area commands and local governments have under them corresponding offices.
In February 2010, the NPC Standing Committee passed the National Defense Mobilization Law of the People's Republic of China which specifies the peacetime preparations for and wartime implementation of national defense mobilization, stipulating the obligations and rights of each citizen and organization during mobilization and improving China's basic mobilization system.
National Defense Mobilization Capabilities Building
China's fundamental goal of strengthening defense mobilization is to establish and improve a mobilization system which is in line with national security demands, coordinated with the economic and social development and coupled with the emergency response mechanisms to increase mobilization capabilities. In recent years, following the principles of unified leadership, public participation, long-term preparations, priority to key projects, overall planning, all-round consideration, orderliness and high-efficiency, China has integrated its defense mobilization building with general social and economic development, gradually improving its capabilities in rapid mobilization, moving swiftly from a peacetime to wartime footing, and sustained support and comprehensive protection.
New progress has been made in people's armed forces mobilization. China has improved its plans for wartime troop mobilization and support, implemented pre-regimentation of reservists into active units, and strengthened the development of the reserve force. Based on possible wartime tasks and MOOTW demands, the militia force is improving its rapid mobilization process. The Law of the People's Republic of China on Reserve Officers, revised in August 2010, lays down new regulations on the authorities, procedures and methods of calling up reserve officers following a state decision to call for national defense mobilization.
Steady progress has been achieved in national economic mobilization. China has given priority to the requirements of national defense in building major infrastructure projects, and has continuously improved the compatibility of military and civilian key technologies and products. It has laid out a basic framework for generating capabilities in national economic mobilization, with key industries and major enterprises as the mainstay and important products and technologies as the links. China has made significant progress in the investigation of the potential of key areas, industries, technologies and products, further optimized the strategic reserve and storage system that meets defense requirements and economic growth, and caters to the needs of both emergencies and wars.
Progress has been accelerated in developing civil air defense (CAD). Adhering to the guidelines of long-term preparation, construction of key projects, and combination of needs in peacetime and war, China strives to do a better job in preparing against air raids in informationized conditions. There is an ongoing effort to improve the system of joint civil-military meetings and offices, optimizing the CAD organizations in local governments at and above county level and promoting the quasi-militarization of the CAD organs. Emphasis has been laid on the building of CAD command posts at all levels in accordance with the requirements of joint and regional air defense. Efforts have been made to improve CAD' s disaster prevention functions and mechanisms featuring the combination of air defense with disaster prevention. More effort has been invested in providing protection for key economic targets, selected through evaluation and research. Emergency rescue and rapid repair plans have also been formulated in this regard. These CAD projects are incorporated into urban development plans and civil defense basements are incorporated in new buildings as required by law, meeting the requirements of the CAD in urban development, and balancing urban development and the CAD projects. Provinces, autonomous regions and municipalities have carried out extensive publicity campaigns, education programs and training initiatives to disseminate understanding of air defense and disaster prevention, skills of rescue and self-rescue, and methods of emergency evacuation.
Transportation mobilization for national defense is making steady and orderly progress. China is working to integrate combat-readiness as an element in the national transportation grid, and improve capabilities in strategic lines of communication support, strategic projection support, and rush transportation and rapid repair. Priority has been given to a number of projects that combine military and civilian purposes, giving impetus to an overall improvement in transportation combat-readiness for national defense. Relevant industries have helped in forming specialized support teams in an organic and systematic way, reinforcing transportation protection and communication maintenance along strategic lines of communication. Support plans for key communication targets and combat-readiness transportation have been formulated and revised, aimed at synchronized planning and construction of both military transportation facilities and urban development.
Reserve Force Building
With active servicemen as its backbone and reserve officers and men as its foundation, the reserve force is an armed force formed in line with the unified structure and organization of the PLA. It is under the dual leadership of the PLA and local Party committees and governments. The positions of chief military and political leaders at all levels and principal department leaders, as well as a proportion of the staff members and professionals and specialists, are assumed by active servicemen. Reserve officers are chosen mainly from qualified retired servicemen, civil officials, cadres of the people's armed forces departments, cadres of the militia and civilian technicians with the appropriate military specialties. Reserve soldiers are chosen mainly from qualified discharged soldiers, trained primary militia members, and civilians with the appropriate military specialties.
In recent years, the reserve force has undergone consistent improvement in various aspects of its building and reform. It works to improve its organizational models on a regional basis, to explore a systematic and organic organizational model based on new and high-tech industries, and to develop such organizational models as personnel-and-equipment organization, trans-regional organization and community-based organization. Based on possible wartime assignments, the reserve force has revised and updated the guidelines for its military training and evaluation, strengthened integrated training with active PLA units, and conducted on-base, simulated and networked training. Reserve officers and men are required to devote 240 hours to political education and military training each year. To be able to respond to emergencies in peacetime and to fight in war, the focus of the reserve force is shifting from quantity and scale to quality and efficiency, from a combat role to a support role, and from the provision of general-purpose soldiers to soldiers with special skills. It is working to become an efficient auxiliary to the active force and a strong component of the national defense reserve.
Militia Force Building
The militia force is an important component of China's armed forces as well as the backup force of the PLA. In recent years, through transformation and reform, it has made progress in restructuring, in training reform, and in equipment building. China now has 8 million primary militia members.
The militia force gives priority to reinforcing those units which are tasked with defending border and coastal areas, providing service support for different arms and services, and responding in emergencies. It has been realigned to extend from rural to urban areas as well as to areas along important communication lines, from ordinary locations to key sites and areas, and from traditional industries to new and high-tech ones. As a result, its structure and layout have been further improved. In line with the newly revised Outline for Military Training and Evaluation of the Militia, it promotes reforms in military training, holds joint training and exercises with active PLA units, improves the construction of associated training base facilities at all levels, and attaches importance to key detachment training. Its capabilities in dealing with both emergencies and wars have been greatly enhanced. The militia strengthens its building of equipment for the purposes of air defense, emergency response, and maintaining stability, supply of new types of air defense weaponry and equipment, and retrofitting and upgrading of existing weapons. There have been significant increases in the level of equipment-readiness and in the full kit rate (FKR).
The militia has taken an active part in such operations as counter-terrorism, stability maintenance, emergency rescue, disaster relief, border protection and control, and joint defense of public security, and has played a unique role in accomplishing diversified military tasks. Each year, it mobilizes more than 90,000 militiamen to serve as guards on bridges, tunnels and railways, more than 200,000 to take part in joint military-police-civilian defense patrols, more than 900,000 to participate in emergency response, rescue and relief operations following major natural disasters, and nearly 2 million to engage in the comprehensive control and management of social order in rural and urban areas.
VI. Military Legal System
The armed forces of the People's Republic of China abide by the Constitution and laws, implement the guidelines of governing the armed forces according to law, strengthen military legal system building, and guarantee and push forward the building of national defense and armed forces in accordance with the requirements of the legal system.
Military Legal System Building
A number of important military laws and regulations have been formulated and revised. In the past two years, the Standing Committee of the NPC has adopted the Law of the People's Republic of China on the People's Armed Police Force, the National Defense Mobilization Law of the People's Republic of China, and the newly revised Law of the People's Republic of China on Reserve Officers. The Central Committee of the CPC and the CMC have approved and promulgated the newly revised Regulations on the Political Work of the People's Liberation Army. The CMC has promulgated the newly revised Regulations on Routine Service of the People's Liberation Army, the Regulations on Discipline of the People's Liberation Army, the Regulations on Formation of the People's Liberation Army, and a new generation of regulations on the work of headquarters. Approved by the CMC, the PLA's General Staff Headquarters, General Political Department, General Logistics Department and General Armaments Department have promulgated the newly revised Outline for Armed Forces Building at the Grass-roots Level, and the General Political Department has promulgated the Guideline for the Ideological and Political Education of the Chinese People's Liberation Army. The State Council and the CMC have jointly promulgated the Regulations on Military Uniform Management, the Regulations on Quality Control of Weaponry and Equipment, and the newly revised Regulations of the Chinese People' s Liberation Army on the Military Service of the Enlisted in Active Service. The general headquarters/departments, Navy, Air Force, Second Artillery Force, military area commands and the PAPF have promulgated a number of military rules and regulations. As of December 2010, the NPC and its Standing Committee has passed laws and issued law-related decisions on 17 matters concerning national defense and military affairs, the State Council and the CMC have jointly formulated 97 military administrative regulations, the CMC has formulated 224 military regulations, and the general headquarters/departments, Navy, Air Force, Second Artillery Force, military area commands and PAPF have enacted more than 3,000 military rules and regulations.
Military laws, regulations and rules have been reviewed and consolidated. In accordance with the 2008 requirements of the NPC Standing Committee, the legal organs of the CMC organized the legal departments of the general headquarters/departments, Navy, Air Force, Second Artillery Force, military area commands and PAPF in reviewing laws and regulations relating to national defense and military affairs. In 2009, the fifth round of review and consolidation of military regulations and rules was conducted, sorting out 921 existing military regulations (including regulatory documents) and 7,984 military rules and regulations (including regulatory documents) promulgated before the end of 2008, and repealing 65 military regulations (including regulatory documents) and 1,214 military rules and regulations (including regulatory documents). A Collection of Military Laws and Regulations of the People's Republic of China (2004-2008), A Collection of Military Rules and Regulations of the People's Liberation Army of the People's Republic of China (2004-2008), and A Collection of Military Rules and Regulations of the People's Armed Police Force of the People's Republic of China (2004-2008) were published.
Implementation of Laws and Regulations
The PLA and the PAPF maintain their commitment to employing troops and taking action in accordance with the law. Units participating in emergency rescue and disaster relief operations strictly abide by such laws and regulations as the Emergency Response Law of the People's Republic of China, the Law of the People's Republic of China on Protecting Against and Mitigating Earthquake Disasters, and the Regulations on the PLA's Participation in Disaster Rescue. PAPF troops performing stability maintenance and emergency response tasks act in strict conformity with laws and regulations like the Law of the People's Republic of China on the People's Armed Police Force. Naval ships performing escort missions in the Gulf of Aden and in waters off Somalia, as well as those carrying out maritime training, strictly observe international treaties like the United Nations Convention on the Law of the Sea (UNCLOS) and act in accordance with the relevant laws and regulations of China. Troops participating in joint military exercises with foreign countries act within relevant bilateral or multi-lateral legal frameworks and settle any legal issues arising in the course of such exercises in accordance with the law.
The newly revised common regulations on routine service, discipline and formation have been implemented and incorporated into education, training, inspection and evaluation. Military rules and regulations provide guidance and standards for combat readiness, training, working conditions and daily life. The enforcement of regulations has been strengthened, discipline inspection and supervision mechanisms improved, and breaches of discipline investigated and rectified. Safety rules and regulations have been enforced, safety and preventive mechanisms improved, and education and training on safety conducted.
For the past two years, the armed forces, working with relevant local departments, have conducted inspections of the implementation of such laws and regulations as the Civil Air Defense Law of the People's Republic of China, the Law of the People's Republic of China on Protecting Military Facilities, and the Regulations on Military Uniform Management. In accordance with laws and regulations like the Military Service Law of the People's Republic of China and the Regulations on the Recruitment of Soldiers, military service organs and recruitment staff of the people's governments at all levels have undertaken efforts to supervise and inspect recruitment work. Within the proper bounds of their authority, military departments have conducted special reviews on law-enforcement in their respective fields of military training, equipment procurement, discipline inspection and supervision, and auditing.
Military Judicial System
The PLA continues to uphold the CPC's leadership in its political and legal work, and to improve military judicial work systems. In 2007, the CMC issued the Opinions on Further Strengthening the Political and Legal Work of the Armed Forces, requiring the establishment of political and legal commissions in units at and above regiment level. In 2008, the General Political Department enacted the Regulations on the Work of Political and Legal Commissions at All Levels of the Armed Forces.
The PLA strengthens crime prevention in a proactive, comprehensive and constructive manner. In 2009, the General Staff Headquarters, General Political Department, General Logistics Department and General Armaments Department jointly issued the Opinions on Further Strengthening the Prevention of Duty-related Crime of the Armed Forces under the New Situation and the Provisional Regulations on the Participation of Discipline Inspection Departments and Military Procuratorial Organs in Accident Investigation and Handling. The internal security organs, military courts and military procuratorates of the armed forces have performed their functions to the full, resolutely maintaining justice in punishing various offenses and crimes in accordance with the law.
In line with overall arrangements by the state for judicial reform, the PLA presses forward with the reform of the military judicial system. The Military Court of the PLA has enacted the Detailed Rules of the Military Court of the People's Liberation Army for the Implementation of the Guiding Opinions on Sentencing by People's Courts (Trial), and implemented the policy of combining leniency with rigor in respect of criminal offences. They have made further progress in civil adjudication, and improved the dispute resolution mechanism that connects litigation and non-litigation. The formulation of the Measures of Military Courts to Close Cases of Litigation Relating to Complaint Letters and Visits has enhanced transparency and public credibility in the review of appeals. The General Political Department has issued the Notice of the Requirement that Cases Filed and Investigated by the Military Procuratorate at a Lower Level Be Submitted to the Military Procuratorate at the Next Higher Level for Examination and Detention Decision-Making, and the PLA Military Procuratorate has issued relevant implementation measures for the Notice, which advances the reform of decision-making procedures regarding examination and detention in duty-related cases.
Legal Service and Legal Publicity and Education
To meet the needs of their troops in accomplishing diversified military tasks, judicial and administrative departments at all levels and other relevant departments of the armed forces have provided professional and efficient legal services. Specifically, legal advisors have been provided for troops participating in emergency rescue and disaster relief operations, escort operations in the Gulf of Aden and the waters off Somalia, and major joint military exercises with other countries. Several legal-service teams have been dispatched to help troops who perform counter-terrorism and stability-maintenance tasks to deal with legal problems. Legal handbooks have been compiled and printed for the troops.
A series of actions have been carried out to provide legal services, including legal consultations, to grass-roots officers and men. These have now covered more than two-thirds of units at brigade or regiment level. Interactions with local judicial and administrative departments and legal service organizations have been strengthened, coordination mechanisms have been improved to solve legal problems of officers and men, and channels for handling such problems have been widened. In 2009, military lawyers represented defendants in more than 700 criminal trials, and undertook more than 2,300 civil and economic cases.
Efforts have been strengthened in legal service personnel training and organization building. At present, China's armed forces have established 268 military legal advisory offices, more than 1,600 legal consultation stations in units at brigade/regiment level, and legal consultation teams in almost all battalions and companies. There are altogether 1,342 military lawyers and 25,000 legal advisors in the armed forces.
Mechanisms have been improved for safeguarding the rights and interests of military units, military personnel, and national defense, and the legitimate rights and interests of servicemen and their families have been protected. Led by local Party committees, mainly composed of judicial organs, supported by relevant departments of local governments, and featuring civil-military coordination, permanent mechanisms have been established in 31 provinces, autonomous regions and municipalities directly under the central government to safeguard the legal rights and interests of military units and personnel. As a result, a relatively comprehensive system of organizations for safeguarding the legal rights and interests of military units and personnel has been established. Since 2000, such organizations, operating at different levels, have provided 760,000 legal consultations to servicemen and their families, handled 120,000 complaint letters or visits, and dealt with 98,000 disputes involving military units and personnel, and the people's courts have tried 34,000 cases involving military units and personnel.
In the context of the fifth five-year program on law education, legal publicity and education have been enhanced, and the legal awareness of officers and men has been raised. The PLA and PAPF have incorporated legal publicity and education into the outline of education and training and into training and evaluation systems for military cadres, and organized officers and men to study the Constitution and relevant laws and regulations. They have continued to innovate means and measures designed to render legal publicity and education more up-to-date, more interesting and more appealing.