The Theoretical Discussion on the Application of the Law of War
Yu Chun Zheng
Abstract
Yu Chun Zheng
Abstract
The close relationship of the political essence between the war and the law of war is the deep political root to apply the law of war. The function that the law of war has to satisfy the military necessity of war is the direct military root to apply the law of war. The basic spirit of the law of war has inner relation with the guiding thought, essence, aim, function and tradition of our army, and it is the practical root to apply the law of war. The leading principles of applying the law of war are: based on the national interests, stick to the guidance under the relative policies of the Party and the state; combining the law and the military affairs, apply the law of war according to the natures of the war and the law of war. To win the high-tech war by applying the law of war, the following problems must be settled: preventing and retaliating the breaches of the opposite power, preventing the perfidy of the enemy, paying attention to the counter-application of the law of war and the traps, treating the protection emblems well, correctly applying the confrontation and the psychological fight of the law of war.
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The close relationship of the political essence between the war and the law of war is the deep political root to apply the law of war. The function that the law of war has to satisfy the military necessity of war is the direct military root to apply the law of war. The basic spirit of the law of war has inner relation with the guiding thought, essence, aim, function and tradition of our army, and it is the practical root to apply the law of war. The leading principles of applying the law of war are: based on the national interests, stick to the guidance under the relative policies of the Party and the state; combining the law and the military affairs, apply the law of war according to the natures of the war and the law of war. To win the high-tech war by applying the law of war, the following problems must be settled: preventing and retaliating the breaches of the opposite power, preventing the perfidy of the enemy, paying attention to the counter-application of the law of war and the traps, treating the protection emblems well, correctly applying the confrontation and the psychological fight of the law of war.
Key concepts: Law, Law of war, Just war theory, Military operations other than war, Political science, Spanish Civil War, Comparative law, Public law