People's Republic Of China Law On Military Service

Original Language Title: 中华人民共和国兵役法

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People's Republic of China presidential order 50th

The Standing Committee of the national people's Congress to amend of People's Republic of China military service law, the decision has been made by People's Republic of China the 23rd meeting of the Standing Committee of the 11th NPC was adopted on October 29, 2011, are hereby promulgated and, as of the date of promulgation.

People's Republic of China President Hu Jintao

October 29, 2011 Standing Committee of the national people's Congress on revising the People's Republic of China military service act decisions

(October 29, 2011 adopted by the 23rd session of the Standing Committee of the 11th NPC)

The 23rd meeting of the Standing Committee of the 11th NPC decision on the People's Republic of China military service Act read as follows: One, the fifth is revised as follows: "military service is divided into active and reserve. The servicemen of the Chinese people's Liberation Army in active service; after registration, pre programmed into the active force, into the reserve forces, into the militia, reserve or reserve service in other forms, said the reservists.

” Second, article sixth amended as: "active duty and reserve personnel must abide by the Constitution and laws, to fulfil their civic obligations, and the enjoyment of civil rights due to military service and the rights and obligations arising from the provisions of this law and other relevant laws and regulations.

” Third, the seventh article is revised as follows: "reservists are required to participate in military training and carrying out military duties, and stands ready to join the army to fight and defend the motherland.

” Adding a paragraph to article four, 11th, as the second paragraph: "local people's Governments at or above the county level shall organize the military service organs and body collection departments, is responsible for organizing the contest.

” Five, the 12th article modified as follows: "male citizens over the age of 18 before December 31 of each year and should be enlisted. That year has not been collected, over 22 years ago can still be enlisted, call for ordinary college graduates ages can relax until the age of 24.

” Third paragraph as follows: "based on military needs and offered himself voluntarily, you can call for 17 years of age on December 31 of that year before citizens under 18 years of age for active service.

” Six, the 13th is amended as: "country military service registration system. Male citizens over the age of 18 before December 31 of each year, shall be in the year prior to June 30, in accordance with the military service organs of counties, autonomous counties, cities or municipal districts of arrangements to register for selective service. After military service registration and preliminary examination, said in answer to citizens.

” Seven, add one, as the 15th: "during the solicitation period, recruited citizens have been enlisted, and hired by State organs, organizations, enterprises or institutions to recruit or hire, should give priority to fulfilling military service obligations the relevant organs, organizations, enterprises and institutions shall, subject to the needs of national defense and army building, support the call for troops.

” Section eight, the 15th to 16th and amended as: "applying for citizenship is the maintenance of family life only labour, enlistment may be.

” Ninth, 16th to 17th, is revised as follows: "citizens eligible for enlistment are investigations by law enforcement, prosecution, trial or sentenced to imprisonment, criminal detention, is serving his sentence, shall not be recruited.

” Ten, the 17th to 18th and amended as: "active-duty soldiers, including conscription and voluntary enlistment soldiers, conscription of soldiers known as compulsory military service, voluntary soldiers called petty officer.

” Article XI the 19th to 20th, amended to read: "expiration of conscript service, based on military needs and offered himself voluntarily, approved by the Corps-level units, can be changed to Sergeant.

According to the army, you can directly from the citizens of non-military departments with specialized skills in recruiting sergeants. "Active service commissioned a graded system.

Sergeants generally does not exceed a period of 30 years of active service, less than 55 years old. "Sergeant grade active service approach and direct recruiting sergeants from non-military approaches, the State Council and the Central Military Commission.

” Under article 12, the 20th to 21st, one paragraph is added, as the second paragraph: "the soldier discharged from the time announced its withdrawal from the active command for the troops day.

” Under article 13, the 21st to 22nd, the second paragraph is amended as: "the discharged soldier, determined by the army reserve since discharged within 40 days of the date, to the placing of counties, autonomous counties, cities or municipal districts of military authorities reserve registration.

” Article 14, the 22nd to 23rd, is revised as follows: "in accordance with this law article 13th after military service registration of citizens eligible for enlistment, have not been enlisted for, apply for registration of the soldiers ' reserve.

” Section XV, the 23rd to 24th, and be amended as: "the age of the soldiers ' reserve, aged 18 to 35 years of age, may be appropriately extended if needed. Specific measures shall be prescribed by the State Council and the Central Military Commission.



Under article 16, the 24th to 25th, the second paragraph is amended as: "first class soldiers reserve shall include the following:

"(A) pre-programmed into the active-duty army reserve soldiers;

"(Ii) reserve soldiers into the reserve force; "(C) after reserve registration personnel into the primary militia organization.



Third paragraph: "second class soldiers reserve shall include the following:

"(A) after reserve registration into the ordinary militia officer; "(B) other reserve registrations to serve the soldiers ' reserve personnel.

” Fourth paragraph: "reserve the highest reserve soldiers aged, retired from reserve service.



17, the 25th to 26th and amended as: "active-duty officers is composed of the following supplements:

"(A) the selection of outstanding soldiers and ordinary high school graduate trainees who graduated from military academies;

"(B) the selection of national defense students graduating from colleges and other excellent graduates;

"(C) University undergraduate degree directly lifting the good soldier;

"(D) transferred civilian cadres of officers in active service;

"(E) professional and technical personnel to recruit troops and other personnel. "As needed in time of war, from the soldiers, called up from the reserve officers appointed officers and non-military personnel.

” Under article 18, the 29th to the 30th, the first paragraph is amended as: "from active service and transferred to the reserve of officers from active service and assigned to serve in the officers reserve soldiers in the 30th after reaching the place, the local counties, autonomous counties, municipal district of reserve officers military authorities for registration.

” Modified the second paragraph to read: "of selecting in reserve officer positions people full-time armed cadres, militia, college graduates and non-military personnel, by place of work or residence of counties, autonomous counties, and cities into the military service organs of registered approval of the military organs at higher levels and, to serve in the officers reserve.

” Article 19, the 31st to 32nd and amended as: "students finish school examinations, granted by the college diploma, appointed in accordance with the provisions for officers, civilian officers or noncommissioned officers.

” Under article 20, the 32nd to 33rd, is revised as follows: "students completed the prescribed subjects, failed to pass the exam, granted by the college diplomas, residence prior to enrollment; during migration formalities whose parents have, may be back to his parents residence, by counties, autonomous counties, cities, municipal district people's Government in accordance with the relevant provisions of the State receive.

” 21, and will 33rd article to 34th article, modified for: "students for patient chronic diseases or other reasons should not be in army College continues to learning, by approved dropped out of, by College to attended certificate, back entrance Qian account location; attended during its parents has handle account migration procedures of, can back parents now account location, by County, and autonomous, and city, and district of Government according to national about provides received placed.

” Under article 22, the 34th to 35th and amended as: "the expulsion of students, before returning to the school residence; during migration formalities whose parents have, may be back to his parents residence, by counties, autonomous counties, cities, municipal district people's Government in accordance with the relevant provisions of the State.

” 23, the addition of an article, as the 36th article: "the army according to national defense needs, you can rely on college recruiting, selecting and training national defence students.

Treatment of national defense students in school during National Defense Scholarship, should participate in military training, political education, and fulfilment of other obligations under the national defense training agreement, after active service shall carry out training to troops, in accordance with the provisions of the army procedures, appointed officers or civilian staff. "National defense students during the school period, in accordance with relevant regulations should not continue as defence training, general training requirements complied with the school, approved by the relevant departments of the army, could be transferred to the ordinary students; expulsion or dropping out, by the school in accordance with the relevant provisions of the State.



Under article 24, the 36th to 38th and amended as: "the militias are not full-time armed organizations of the masses, is the Assistant and reserve force of the Chinese people's Liberation Army.

"The militia's mission is:

"(A) participating in the socialist modernization;

"(B) implementation of the combat service support, participate in the defensive war, resist aggression and defend the motherland;

"(C) for the active-duty troop replacements; "(D) to assist in maintaining social order, participation in emergency rescue and disaster relief.

” Article 25, the 37th to 39th and amended as: "the townships, nationality townships, and towns, streets, and enterprises and institutions to establish militias.

Who are 18 years of age to 35 years of male citizens eligible for military service, incorporated militia established by the military service organs of the people's Governments should join the militia.

"If necessary, could take in women over the age of 18 citizens, men over the age of 35 citizens to join the militia. "After the State promulgates, mobilizing militias within the scope shall not be out of the militia; without the people's Governments of counties, autonomous counties, cities or municipal districts, where approval of the military authorities, shall not leave the seat of the militia.


Under article 26, the 38th to 40th and amended as: "the militia consists of primary militia organization and ordinary militia. The primary militia organization is the backbone of the militia, mainly selected by the discharged soldiers through military training and participate in military training or not served on active duty with the professional and technical expertise of staff. Can be from a number of units within a certain area of primary militia organization covers personnel grouping. Ordinary militia by citizens eligible for military service did not participate in the primary militia organization in accordance with regional or unit groups.



Under article 27, the 39th to 41st, is revised as follows: "military training for reserve soldiers, made in the active and reserve forces, militia or other organizational forms. "Not served on active duty pre-programmed to active duty forces, into the reserve force and reserve soldiers into the primary militia organization, in the period from 18 years to 24 years of age, should participate in the 30th to 40 days of military training including professional and technical training, in accordance with the actual need. Served on active duty and military training refresher training for reserve soldiers, as well as other military training for reserve soldiers, in accordance with the provisions of the Central Military Commission.

” Under article 28, the 40th to 42nd and amended as: "during the period of reserve service as a reserve officer, should participate in the three months up to six months of military training pre-programmed to serve in the active-duty force and the reserve force, military training time may be extended appropriately.

” 29, the 42nd to 44th and amended as: "the reservists to participate in military training or carrying out military duties, food, transportation and other allowances in accordance with the relevant provisions of the State. Reservists are State organs, organizations, enterprises and institutions working workers or workers to participate in military training, carry out military duties, their unit should maintain their original salaries, bonuses and benefits; other reservists to participate in military training, carry out military duties, subsidized in accordance with the relevant provisions of the State.



30, the 48th to 50th, second amended as: "active service reservists, national defense students ready call, after receiving the notice, must be reported to the designated place on time;" Fourth amendment: "transportation departments should give priority to transportation call reservists, national defense students, and returning troops active duty personnel.

” 31, the 49th to 51st, amended to read: "as needed in time of war, the State Council and the Central Military Commission decided to recruit male citizens aged 36 to 45 years active service, may decide to extend the deadline for citizens on active duty.

” 32, the addition of an article, as the 53rd: "the State guarantees active military personnel be treated corresponding to its duties.

Treatment of active duty military personnel shall be coordinated with the development of the national economy, and adapted to social progress. "The rank of officer post grade wage system, rank of Sergeant implementation-level wages, treatment of conscripts and enjoy free supply system. Servicemen enjoy allowances, subsidies and bonus provisions.

State shall establish a mechanism of regular military pay. "Active military personnel enjoy under holidays, health, medical, housing and other benefits.

Countries according to the level of economic and social development to improve the welfare of military personnel in active service. "The country's insurance system for servicemen, dovetailed with the social security system. Military personnel in active service during the enjoy the provisions of the military insurance benefits. Soldier discharged, in accordance with the relevant provisions of the State continue to old-age, medical, unemployment insurance relationships, enjoy the corresponding social insurance benefits. Active duty spouses army during the course of employment, in accordance with the relevant provisions of the State enjoy appropriate protection treatment.

” 33, the addition of an article, as the 54th article: "the State shall establish to support employment, self employment, organisation of work, retirement, support, as well as to continue their studies, and other methods of soldiers from active service and placement system.



34, and increased a article, as 55th article: "active soldiers army Qian has was General College admitted or is is General College School of students, served during retained entrance qualification or student, exit active Hou two years allows entrance or school, and according to national about provides enjoy scholarship, and grants and relief tuition, preferential treatment; entrance or school Hou participate in defense health selection, and participate in national organization of rural grass-roots service project candidates selection, and graduated Hou participate in officers candidates selection of, priority admitted.

"Military service active-duty sergeants before the army is under 12 years of State organs, organizations, enterprises and institutions working workers or workers, keep human relations or labor relations service; discharged can choose reinstatement resumption of work. "Conscripts and NCOs during active service, enlisted former contractual operation right of rural land lawfully obtained, should be maintained.

” Section 35, the 51st to 56th and amended as: "active military personnel, disabled soldiers, discharged soldier, martyr, died while on duty, deceased military survivors, active-duty military families, should be respected by society, by the national and Community preference. Families of the officers, non-commissioned army mobilization and children's education, employment, work, enjoy the national and social campaigning.

” 36, the 52nd, 53rd and 57th to 57th and amended as: "active duty due to war, business, disability due to illness, assessment of disability in accordance with national level issue disabled card, enjoy national treatment and disability benefits.

Work needs to continue in active service of disabled soldiers, issued by the unit in accordance with the provisions of disability benefits. "Active duty due to war, business, disability due to illness, assessment of disability in accordance with national arrangements, support, retirement, such as proper placement.

Working discharged disabled soldiers, giving priority to enjoy State preferential policy of employment of persons with disabilities.

"Soldiers discharged disabled soldiers, suffering from chronic conditions, by the placement of local people's Governments at or above the county level in accordance with the State Council and the Central Military Commission is responsible for receiving the relevant provisions of places which, suffered from a relapse of chronic disease in need of treatment, the local medical institutions are responsible for treatment, requirements for medical and living expenses, my financial difficulties, in accordance with the regulations of the State subsidies. "Active-duty military personnel, disabled war veterans visit parks, museums, galleries, historical sites and enjoy preferential treatment; priority tickets by internally running trains, ships, buses and airlines; and disabled soldiers enjoy reduce normal fares in accordance with the provisions of the preferential treatment, free travel on local buses, trams and rail transport. Military forces from the mail, free mail service.

” Under article 37, the 54th to 58th and amended as: "conscripts during active service and their families by local people's Governments shall give preferential treatment, preference standard not lower than the local average living standards, specific measures by the people's Governments of provinces, autonomous regions and municipalities.

” Under article 38, the 55th to 59th and amended as: "active military sacrifice, death, issued to family members of a one-time pension by the State; the survivors have no fixed income and cannot sustain life, or meet the other conditions laid down by the State, issued separately by the national pension on a regular basis.



Under article 39, the 56th to 60th, amended to read: "conscripts, retired to gold according to state regulations, by the placement of the local people's Governments at or above the county level shall receive, according to the situation on the ground, can be sent to financial aid. "Conscripts, placed to the local people's Governments at or above the county level shall organize their free participation in vocational education, skills training, and examination by qualified, issue the relevant academic certificates, professional qualification certificate and recommend employment.

Discharged from military employment enjoy the preferential policy of the State.

"Conscripts, could have got exemption to study in secondary vocational schools; apply for College and adult education, enjoy plus points and other preferential policies limit stipulated by the State was admitted to college or entering vocational learning, grants issued by the State.

"Conscripts, register for the civil servants, applying for positions in public institutions, experienced as a grass-roots work experience of active service in the army, under the same conditions should give preference to or hired.

"Clothing active during usually won II, work above award or wartime won three, work above award and belongs to martyrs children and for war disability was evaluation for five level to eight level disability grade of conscripts exit active, by placed to of County above place government arrangements work; stay arrangements work during by local government according to national about provides to life subventions; I voluntary select independent employment of, in accordance with this article first paragraph to fourth paragraph provides handle. "National economic and social development levels, adjust the ex-gold standard. Requirements for discharged soldiers settlement, borne by the Central and local levels of Government.



Article 40, the 58th to 61st and amended as: "Sergeant discharged, of less than 12 years of active service, in accordance with the provisions of this law article 60th methods for rehousing.

"Sergeant discharged, after 12 years of active service, by the placement of local people's Governments at or above the county level; to be arranged by the local people's Government in accordance with the relevant provisions of the State during grant of subsistence allowance; of voluntarily choosing self-employment, pursuant to section 60th first to fourth paragraphs of the regulations.

"Sergeants on active duty for 30 years or 55 years of age, as a retirement place. "Petty officer on active service during the war, public and disability incapacity due to illness, in accordance with the relevant provisions of the State settlement.

” 41, the addition of an article, as the 62nd: "soldiers from active service and placed in specific measures shall be prescribed by the State Council and the Central Military Commission.

” Under article 42, the 59th to 63rd and amended as: "the officers discharged, State jobs, demobilization and retirement schemes be properly rehoused.

For job placement, in accordance with the relevant provisions of plan and place a combination of selecting jobs; demobilization placed, according to the people's Government to receive the relevant provisions by the placement and enjoy preferential policies concerning employment; eligible to retire, and discharged in accordance with the relevant provisions of the retirement place. "Officers on active service during the war, business, disability due to illness incapacity, in accordance with the relevant provisions of the State settlement.


43, and increased a article, as 64th article: "organ, and groups, and Enterprise institutions has received placed exit active soldiers of obligations, in recruit hired staff or hired workers Shi, equal conditions Xia should priority recruit hired exit active soldiers; on in accordance with this method 60th article, and 61st article, and 63rd article provides arrangements work of exit active soldiers, should according to national placed task and requirements do implementation work.

"Soldiers in active service life calculation for length, discharged and the unit length computed cumulatively. "The State encourages and supports the organs, organizations, enterprises and institutions to receive the discharged from the military. Receive the unit enjoy preferential tax policies in accordance with national provisions.

” Article 44, the 60th to 65th and amended as: "the militia, reservists due to war, military training, perform military duties, sacrifice, disabled, students due to take part in military training at the expense, disability, by the relevant local people's Government shall, in accordance with military regulations on pensions and preferential treatments granted pensions and preferential treatments.

” Under article 45, the 61st to 66th, third in the first paragraph is amended as: "reservists refuses or escapes military training or carry out military service and recruitment.

” Modified the second paragraph to read: "there are second acts in the preceding paragraph, it refuses to, shall not be employed as civil servants or staff of the Civil Service Act, two years abroad (border) or to further their studies.

” One paragraph is added as a third paragraph: "violation of national defense students training agreement, do not fulfil their obligations, liable for breach of duty, according to the plot, handled by the school dropout; refused to active service after graduation, liable for breach of duty, and in accordance with the provisions of the second paragraph of this article.

” Third to fourth paragraphs, amended to read: "relative to the first paragraph of this article, the second, third or third paragraph, constitutes a crime, criminal responsibility shall be investigated according to law.

” Under article 46, the 62nd to 67th, an additional paragraph, second paragraph: "active military acts by the army in the preceding paragraph removed, dismissed or being investigated for criminal responsibility according to law, shall not be employed as civil servants or staff of the Civil Service Act, two years abroad (border) or to further their studies.

” 47, and will 63rd article to 68th article, modified for: "organ, and groups, and Enterprise institutions refused to completed this method provides of military service work task of, block citizens perform military service obligations of, refused to received, and placed exit active soldiers of, or has other prejudice military service work behavior of, by County above place Government ordered corrected, and can sentenced fine; on units has responsibility of led personnel, and directly is responsible for of competent personnel and other directly responsibility personnel, law be punishment.

” 48, the addition of an article, as the 71st article: "local people's Governments at or above the county level penalties for units and individuals in violation of this law, subject to monitoring by the local people's Governments at or above the county level to military service organs, public security, civil affairs, health, education, human resources and Social Security Department for processing.

” Article 49, the 67th to 73rd and amended as: "the people's Liberation Army with civilian cadres as needed. The provisions of this law on military officers for civilian cadres.

” Also, will fifth chapter chapter name modified for "Army College from youth students in the recruit of students"; eighth chapter chapter name modified for "General College and general high school students of military training"; tenth chapter chapter name modified for "active soldiers of treatment and exit active of placed"; 11th chapter chapter name modified for "legal responsibility"; 26th article, and 43rd article, and 44th article, and 46th article in the of "University" modified for "General College"; 30th article in the of "military college" modified for "Army College"

45th and 46th in the "high school" is amended as "senior high school" 45th "is equivalent to senior middle schools" is amended as "vocational" 65th in the "administrative punishment" is amended as "punishment", and clause order was adjusted accordingly.

This decision shall come into force as of the date of.

People's Republic of China Law on military service in accordance with this decision be revised and republished.

People's Republic of China Law on military service (May 31, 1984 the last session of the second meeting of the national people's Congress on May 31, 1984, People's Republic of China presidential order released 14th of December 29, 1998, the sixth meeting of the Standing Committee of the ninth the modification of People's Republic of China military service law, the first amendment of the decision on August 27, 2009 11th session of the tenth meeting of the Standing Committee of the national people's Congress to amend parts of the law decision

Second amendment on October 29, 2011 11th session of the 23rd meeting of the Standing Committee of the national people's Congress to amend People's Republic of China military service law, the decision of the third amendment)

Directory

Chapter I General provisions

Usually chapter II collection

Chapter three soldiers on active duty and reserve service

The fourth chapter officers on active duty and reserve service

Fifth chapter enrolled students from the Military Academy from the youth

The sixth chapter militia

Chapter seventh reservist military training

The eighth chapter military training for College and high school students

Nineth part wartime troop mobilization

Tenth chapter, the treatment of servicemen and servicemen placed

The 11th chapter legal liability

The 12th chapter by-laws

Chapter I General provisions Article People's Republic of China 55th article of the Constitution "to defend the motherland and resist aggression is People's Republic of China the sacred duty of every citizen.

In accordance with the law for military service and join the militia is People's Republic of China the honourable duty of citizens "and the provisions of other relevant provisions, this law is enacted.

Article People's Republic of China implementation of conscripts and volunteers combined, a combination of militia and reserve military service system.

Article People's Republic of China citizens, regardless of nationality, race, occupation, family background, religious belief and education, it is the duty of military service in accordance with this law.

Serious physical defects or serious deformities unfit people exempt from military service.

Persons deprived of political rights according to law, not military service.

Fourth People's Republic of China armed forces, formed by the people's Liberation Army, people's armed police force and militia. Fifth Army is divided into active and reserve.

The servicemen of the Chinese people's Liberation Army in active service; after registration, pre programmed into the active force, into the reserve forces, into the militia, reserve or reserve service in other forms, said the reservists.

Article sixth active duty and reserve personnel must abide by the Constitution and laws, to fulfil their civic obligations, and the enjoyment of civil rights due to military service and the rights and obligations arising from the provisions of this law and other relevant laws and regulations.

Seventh active servicemen must observe military rules and regulations, dedicated, ready to fight to defend the homeland.

Reservists are required to participate in military training and carrying out military duties, and stands ready to join the army to fight and defend the motherland.

Article eighth active-duty soldiers and reservists exploits, was awarded the Medal of honor, medal or honor.

Nineth PLA implements the rank system.

Tenth national military service, under the leadership of the State Council and the Central Military Commission, by the Ministry of defence is responsible.

The military commands in accordance with Department of Defense mandate, responsible for the military service work in the region.

The provincial commands (garrison commands), military sub-commands (garrison commands) and counties, autonomous counties, cities and municipal districts of the people's armed forces, and the military service organs of the people's Government, military organs at higher levels and under the leadership of the people's Governments at the same level, responsible for the military service work in the region. State organs, organizations, enterprises, institutions and people's Governments of townships, nationality townships and towns shall, in accordance with the provisions of the present law accomplish military tasks.

Military service work in business, in a unit of the people's armed forces, the people's armed forces departments at; no units of the people's armed forces, a Department for processing.

Usually chapter II collection

11th annual national enlisted, requirements and the number of hours prescribed by the State Council and the Central Military Commission's command.

Local people's Governments at or above the county level shall organize the military service organs and body collection departments, is responsible for organizing the contest. 12th December 31 of each year the male citizens of 18 years of age, should be enlisted.

That year has not been collected, over 22 years ago can still be enlisted, call for ordinary college graduates ages can relax until the age of 24.

According to the army, in accordance with the provisions of the preceding paragraph female citizens in active service.

According to military needs and offered himself voluntarily, collecting 17 years of age on December 31 of that year before citizens under 18 years of age for active service. 13th State applies to military service registration system. Male citizens over the age of 18 before December 31 of each year, shall be in the year prior to June 30, in accordance with the military service organs of counties, autonomous counties, cities or municipal districts of arrangements to register for selective service.

After military service registration and preliminary examination, said in answer to citizens.

Article 14th during the solicitation period, recruited citizens shall, in accordance with County, autonomous counties, cities or municipal districts notice of the military service organs, on time and to the specified physical medical examination for checkpoints.

Drafted citizens subject to active service conditions, and counties, autonomous counties, cities and municipal districts of the approval of the military authorities, were enlisted.

15th during the solicitation period, recruited citizens have been enlisted, and hired by State organs, organizations, enterprises or institutions to recruit or hire, should give priority to fulfilling military service obligations the relevant organs, organizations, enterprises and institutions shall, subject to the needs of national defense and army building, support the call for troops.

16th applying for citizenship is the maintenance of family life only labor, enlistment may be.

17th recruited citizens are being investigation, prosecution, trial, or sentenced to imprisonment, criminal detention, is serving his sentence, shall not be recruited.

Chapter three soldiers on active duty and reserve service

Article 18th active-duty soldiers, including conscription and voluntary enlistment soldiers, conscription of soldiers known as compulsory military service, voluntary soldiers called petty officer.

19th military active duty for a period of two years. Expiration of the 20th military active duty, according to the army and voluntarily, approved by the Corps-level units, can be changed to Sergeant.
According to the army, you can directly from the citizens of non-military departments with specialized skills in recruiting sergeants.

Active service commissioned a graded system.

Sergeants generally does not exceed a period of 30 years of active service, less than 55 years old.

Sergeant grade active service approach and direct recruiting sergeants from non-military approaches, the State Council and the Central Military Commission. Expiry of the article 21st soldier in active service shall be retired from active service.

Reduced need for Army posts from active service, military hospital diagnosis proof to my health situation is not fit to continue on active duty, or due to any other reason to retire, approved by the authority above the division level, you can retire in advance.

Soldiers released from active service time announced its withdrawal from the active command for the troops day.

22nd soldiers discharged from, meet the reserve requirements from troops reserve to serve in; through examination of suitable officers, serve in the officers reserve.

Discharged soldiers by force to serve in the reserve, since discharged within 40 days of the date, to the placing of counties, autonomous counties, cities or municipal districts of military authorities reserve registration.

23rd article 13th after military service registration in accordance with this law to apply for citizenship, has not been enlisted for, apply for registration of the soldiers ' reserve. 24th the age of the soldiers ' reserve, aged 18 to 35 years of age, may be appropriately extended if needed.

Specific measures shall be prescribed by the State Council and the Central Military Commission.

25th reserve soldiers are divided into first and second classes.

First class soldiers reserve shall include the following:

(A) pre-programmed into the active-duty army reserve soldiers;

(B) the reserve soldiers into the reserve force;

(C) following reserve registration personnel into the primary militia organization.

Second class soldiers reserve shall include the following:

(A) after reserve registration into the ordinary militia officer;

(B) the other reserve registrations to serve the soldiers ' reserve personnel.

Reserve the highest reserve soldiers aged, retired from reserve service.

The fourth chapter officers on active duty and reserve service

Article 26th officers supplemented by the following persons:

(A) the selection of outstanding soldiers and ordinary high school graduate trainees who graduated from military academies;

(B) the selection of national defense students graduating from colleges and other excellent graduates;

(C) University undergraduate degree directly lifting the good soldier;

(D) transferred civilian cadres of officers in active service;

(E) professional and technical personnel to recruit troops and other personnel.

As needed in time of war, from the soldiers, called up from the reserve officers appointed officers and non-military personnel.

27th reserve officers include the following:

(A) discharged into the reserve officers;

(B) the discharged soldiers to serve in the officers reserve;

(C) ordinary college graduates to serve in the officers reserve;

(D) to serve in the officers reserve full-time armed cadres of the people and the militia;

(E) to serve in the officers reserve non-military cadres and professional and technical personnel.

28th the maximum age for reserve officers in active service a kimono from the People's Republic of China military officers act and the People's Republic of China Law on reserve officers.

Officers in active service in accordance with the provisions of article 29th service has reached the maximum age, retire; maximum age of age due to special circumstances from active service, approved to retire.

When officers discharged, in line with the conditions of reserve service, transferred to the reserve.

Article 30th from active service and transferred to the reserve of officers from active service and assigned to serve in the officers reserve soldiers in the 30th after reaching the place, the local counties, autonomous counties, municipal district of reserve officers military authorities for registration.

Single post of reserve officers full time people armed cadres, militia, college graduates and non-military personnel, by place of work or residence of counties, autonomous counties, and cities into the military service organs of registered approval of the military organs at higher levels and, to serve in the officers reserve.

Reserve pursuant to the provisions of reserve officers has reached the maximum age, retired from reserve service.

Fifth chapter enrolled students from the Military Academy from the youth 31st according to the army's needs, and can recruit trainees from the young students of military academies.

Enrolls students ages not enlisted for age restrictions.

Article 32nd students finished school examination, issued by the college diploma, appointed in accordance with the provisions for officers, civilian officers or noncommissioned officers.

Article 33rd students completed the prescribed subjects, failed to pass the exam, granted by the college diplomas, residence prior to enrollment; during migration formalities whose parents have, may be back to his parents residence, by counties, autonomous counties, cities, municipal district people's Government in accordance with the relevant provisions of the State receive.

34th students suffering from chronic disease or other reasons should not be in the military academies to continue learning, approved withdrawal, certificates issued by the institutions attended, before returning to the school residence; during migration formalities whose parents have, may be back to his parents residence, by counties, autonomous counties, cities, municipal district people's Government in accordance with the relevant provisions of the State receive.

35th student was expelled, before returning to the school residence; during migration formalities whose parents have, may be back to his parents residence, by counties, autonomous counties, cities, municipal district people's Government in accordance with the relevant provisions of the State. 36th army according to national defense needs, you can rely on college recruiting, selecting and training national defence students.

Treatment of national defense students in school during National Defense Scholarship, should participate in military training, political education, and fulfilment of other obligations under the national defense training agreement, after active service shall carry out training to troops, in accordance with the provisions of the army procedures, appointed officers or civilian staff.

National Defense students during the school period, in accordance with relevant regulations should not continue as defence training, general training requirements complied with the school, approved by the relevant departments of the army, could be transferred to the ordinary students; expulsion or dropping out, by the school in accordance with the relevant provisions of the State.

37th article of the law 32nd, 33rd, 34th, 35th, the provisions of articles also apply to students or trainees from active-duty soldiers.

The sixth chapter militia

Article 38th militia are not full-time armed organizations of the masses, is the Assistant and reserve force of the Chinese people's Liberation Army.

Militia's mission is:

(A) participating in the socialist modernization;

(B) implementation of the combat service support, participate in the defensive war, resist aggression and defend the motherland;

(C) for the active-duty troop replacements;

(D) assist in maintaining social order, participation in emergency rescue and disaster relief. 39th townships, nationality townships, and towns, streets, and enterprises and institutions to establish militias.

Who are 18 years of age to 35 years of male citizens eligible for military service, incorporated militia established by the military service organs of the people's Governments should join the militia.

Depending on your needs, could take in women over the age of 18 citizens, men over the age of 35 citizens to join the militia.

After the State promulgates, mobilizing militias within the scope shall not be out of the militia; without the people's Governments of counties, autonomous counties, cities or municipal districts, where approval of the military authorities, shall not leave the seat of the militia. 40th militia consists of primary militia organization and ordinary militia. The primary militia organization is the backbone of the militia, mainly selected by the discharged soldiers through military training and participate in military training or not served on active duty with the professional and technical expertise of staff. Can be from a number of units within a certain area of primary militia organization covers personnel grouping.

Ordinary militia by citizens eligible for military service did not participate in the primary militia organization in accordance with regional or unit groups.

Chapter seventh reservist military training

41st military training for reserve soldiers, made in the active and reserve forces, militia or other organizational forms. Is not served on active duty pre-programmed to active duty forces, into the reserve force and reserve soldiers into the primary militia organization, in the period from 18 years to 24 years of age, should participate in the 30th to 40 days of military training including professional and technical training, in accordance with the actual need.

Served on active duty and military training refresher training for reserve soldiers, as well as other military training for reserve soldiers, in accordance with the provisions of the Central Military Commission.

During the 42nd reserve officers in the reserve, should participate in the three months up to six months of military training pre-programmed to serve in the active-duty force and the reserve force, military training time may be extended appropriately.

43rd State Council and the Central Military Commission, when necessary, may decide to reservists to participate in emergency training. 44th reserve personnel to participate in military training and carrying out military duties of meals, transportation and other allowances in accordance with the relevant provisions of the State.

Reservists are State organs, organizations, enterprises and institutions working workers or workers to participate in military training, carry out military duties, their unit should maintain their original salaries, bonuses and benefits; other reservists to participate in military training, carry out military duties, subsidized in accordance with the relevant provisions of the State.

The eighth chapter military training for College and high school students

Article 45th ordinary college student while studying, be required to undergo basic military training.

According to national defense needs, suitable for the student officers, then a short and intensive training, examinations, approved by the military authorities, to serve in the officers reserve.

46th ordinary institutions of higher learning set up military training institution, provided with military instructors, organize and implement military training for students.

45th training provided for in the second paragraph of article short and intensive training of reserve officers, sent by military officers in active service organization together with colleges and training institutions.

47th ordinary high schools and secondary vocational schools, equipped with military instructors, the students ' military training. 48th ordinary military training for College and high school students, the Ministry of education, the Ministry of defence is responsible.

Education sector and the work of the military departments to student military training agencies or personnel, hosting student military training work.

Nineth part wartime troop mobilization
49th article in response to the surprise attack of the enemy, resisting aggression, all levels of people's Governments and military organs at all levels, in the usual wartime troop mobilization preparations must be made.

After 50th state promulgates, at all levels of people's Governments and military organs at all levels, must quickly carry out mobilization:

(A) active military personnel to stop retire, vacation, visiting relatives of soldiers must be returned immediately;

(B) active service reservists, national defense students ready call, after receiving the notice, must get to a specified place;

(C) organs, organizations, enterprises and institutions and townships, nationality townships and towns shall be responsible for the people, it must organize the call-up of reservists, according to the rules of time and place;

(D) transportation departments should give priority to transportation call reservists, national defense students, and returning troops active duty personnel.

51st as needed in time of war, the State Council and the Central Military Commission decided to recruit male citizens aged 36 to 45 years active service, may decide to extend the deadline for citizens on active duty.

52nd after the war, need to be demobilized servicemen, demobilized order under the State Council and the Central Military Commission, by stages and in groups and demobilized, properly placed by the people's Governments at all levels.

Tenth chapter, the treatment of servicemen and servicemen placed 53rd State guarantees active military personnel be treated corresponding to its duties.

Treatment of active duty military personnel shall be coordinated with the development of the national economy, and adapted to social progress. Rank of officer post grade wage system, rank of Sergeant implementation-level wages, treatment of conscripts and enjoy free supply system. Servicemen enjoy allowances, subsidies and bonus provisions.

State shall establish a mechanism of regular military pay. Active military personnel enjoy under holidays, wellness, medical, housing and other benefits.

Countries according to the level of economic and social development to improve the welfare of military personnel in active service. Country's insurance system for servicemen, dovetailed with the social security system. Military personnel in active service during the enjoy the provisions of the military insurance benefits. Soldier discharged, in accordance with the relevant provisions of the State continue to old-age, medical, unemployment insurance relationships, enjoy the corresponding social insurance benefits.

Active duty spouses army during the course of employment, in accordance with the relevant provisions of the State enjoy appropriate protection treatment.

54th State to establish a sound to support employment, self employment, organisation of work, retirement, dependent and continue and complete their education, combining soldiers from active service and placement system in several ways.

55th article active soldiers army Qian has was General College admitted or is is General College School of students, served during retained entrance qualification or student, exit active Hou two years allows entrance or school, and according to national about provides enjoy scholarship, and grants and relief tuition, preferential treatment; entrance or school Hou participate in defense health selection, and participate in national organization of rural grass-roots service project candidates selection, and graduated Hou participate in officers candidates selection of, priority admitted.

Conscripts kimono active-duty sergeants before the army is under 12 years of State organs, organizations, enterprises and institutions working workers or workers, reservation service human relations or labor relations from active service can choose to be reinstated after a rise.

Conscripts and NCOs during active service, enlisted former contractual operation right of rural land lawfully obtained, should be maintained. 56th active servicemen, disabled soldiers, discharged soldier, martyr, died while on duty, deceased military survivors, active-duty military families, should be respected by society, by the national and Community preference.

Families of the officers, non-commissioned army mobilization and children's education, employment, work, enjoy the national and social campaigning. 57th active servicemen due to war, business, disability due to illness, assessment of disability in accordance with national level issue disabled card, enjoy national treatment and disability benefits.

Work needs to continue in active service of disabled soldiers, issued by the unit in accordance with the provisions of disability benefits. Active duty due to war, business, disability due to illness, assessment of disability in accordance with national arrangements, support, retirement, such as proper placement.

Working discharged disabled soldiers, giving priority to enjoy State preferential policy of employment of persons with disabilities.

Soldiers discharged disabled soldiers, suffering from chronic conditions, by the placement of local people's Governments at or above the county level in accordance with the State Council and the Central Military Commission is responsible for receiving the relevant provisions of places which, suffered from a relapse of chronic disease in need of treatment, the local medical institutions are responsible for treatment, requirements for medical and living expenses, my financial difficulties, in accordance with the regulations of the State subsidies. Active-duty military personnel, disabled war veterans visit parks, museums, galleries, historical sites and enjoy preferential treatment; priority tickets by internally running trains, ships, buses and airlines; and disabled soldiers enjoy reduce normal fares in accordance with the provisions of the preferential treatment, free travel on local buses, trams and rail transport.

Military forces from the mail, free mail service.

58th military active duty during their family by the local people's Governments shall give preferential treatment and give preferential treatment to standard not lower than the local average living standards, specific measures by the people's Governments of provinces, autonomous regions and municipalities.

59th military sacrifice, death, issued to family members of a one-time pension by the State; the survivors have no fixed income and cannot sustain life, or meet the other conditions laid down by the State, issued separately by the national pension on a regular basis.

60th conscripts, retired to gold according to state regulations, by the placement of the local people's Governments at or above the county level shall receive, according to the situation on the ground, can be sent to financial aid. Conscripts, placed to the local people's Governments at or above the county level shall organize their free participation in vocational education, skills training, and examination by qualified, issue the relevant academic certificates, professional qualification certificate and recommend employment.

Discharged from military employment enjoy the preferential policy of the State.

Conscripts, could have got exemption to study in secondary vocational schools; apply for College and adult education, enjoy plus points and other preferential policies limit stipulated by the State was admitted to college or entering vocational learning, grants issued by the State.

Conscripts, register for the civil servants, applying for positions in public institutions, experienced as a grass-roots work experience of active service in the army, under the same conditions should give preference to or hired.

Clothing active during usually won II, work above award or wartime won three, work above award and belongs to martyrs children and for war disability was evaluation for five level to eight level disability grade of conscripts exit active, by placed to of County above place government arrangements work; stay arrangements work during by local government according to national about provides to life subventions; I voluntary select independent employment of, in accordance with this article first paragraph to fourth paragraph provides handle. National economic and social development levels, adjust the ex-gold standard.

Requirements for discharged soldiers settlement, borne by the Central and local levels of Government.

61st noncommissioned officers retire, less than 12 years of active service, in accordance with the provisions of this law article 60th methods for rehousing.

Sergeant discharged, after 12 years of active service, by the placement of local people's Governments at or above the county level; to be arranged by the local people's Government in accordance with the relevant provisions of the State during grant of subsistence allowance; of voluntarily choosing self-employment, pursuant to section 60th first to fourth paragraphs of the regulations.

Sergeants on active duty for 30 years or 55 years of age, as a retirement place.

Petty Officer on active service during the war, public and disability incapacity due to illness, in accordance with the relevant provisions of the State settlement.

62nd soldiers from active service and placed in the specific measures formulated by the State Council and the Central Military Commission. 63rd officers discharged, State jobs, demobilization and retirement schemes be properly rehoused.

For job placement, in accordance with the relevant provisions of plan and place a combination of selecting jobs; demobilization placed, according to the people's Government to receive the relevant provisions by the placement and enjoy preferential policies concerning employment; eligible to retire, and discharged in accordance with the relevant provisions of the retirement place.

Officers on active service during the war, business, disability due to illness incapacity, in accordance with the relevant provisions of the State settlement.

64th State organs, organizations, enterprises or institutions have the obligation to receive the discharged soldiers in the enrollment when hiring staff or hired workers, under the same conditions should give priority to recruiting hired and demobilized soldiers; pursuant to section 60th, 61st, 63rd provides job placement and demobilized soldiers, should national placement according to their mandates and requirements to implement the programme.

Soldiers in active service life calculation for length, discharged and the unit length computed cumulatively. Country encourages and supports the organs, organizations, enterprises and institutions to receive the discharged from the military.

Receive the unit enjoy preferential tax policies in accordance with national provisions.

65th militia, reservists due to war or participate in military training, carry out military duties at the expense, disability, students due to take part in military training at the expense, disability, by the relevant local people's Government shall, in accordance with military regulations on pensions and preferential treatments granted pensions and preferential treatments.

The 11th chapter legal liability

66th, inasmuch as the obligation of citizens of any of the following acts, by people's Governments at the county level rectification; fails to change, enforced by County in fulfilling its service obligations, and may impose a fine of:

(A) refuses or escapes military service registration and medical examination;

(B) recruited citizens reject, evade collection;

(C) reservists refuses or escapes military training or carry out military service and recruitment.

There are second acts in the preceding paragraph, it refuses to, shall not be employed as civil servants or staff of the Civil Service Act, two years abroad (border) or to further their studies.

Violations of training Protocol requirements of national defense students, do not fulfil their obligations, liable for breach of duty, according to the plot, handled by the school dropout; refused to active service after graduation, liable for breach of duty, and in accordance with the provisions of the second paragraph of this article.

Relative to the first paragraph of this article, the second, third or third paragraph, constitutes a crime, criminal responsibility shall be investigated according to law.

67th active servicemen with the intention of evading military service, refuse to perform their duties or fleeing troops, disciplined in accordance with the provisions of the Central Military Commission, constitutes a crime, criminal responsibility shall be investigated according to law.
Military servicemen have the preceding paragraph removed, dismissed or being investigated for criminal responsibility according to law, shall not be employed as civil servants or staff of the Civil Service Act, two years abroad (border) or to further their studies.

Knowing that escaped military personnel employed, by the people's Governments at the county level correction and impose a fine constitutes a crime, criminal responsibility shall be investigated according to law.

68th article organ, and groups, and Enterprise institutions refused to completed this method provides of military service work task of, block citizens perform military service obligations of, refused to received, and placed exit active soldiers of, or has other prejudice military service work behavior of, by County above place Government ordered corrected, and can sentenced fine; on units has responsibility of led personnel, and directly is responsible for of competent personnel and other directly responsibility personnel, law be punishment.

69th disrupt military service work order, or hindering military service personnel from performing their duties, in accordance with the provisions of the law are punished; the use of violence, threat, constitute a crime, criminal responsibility shall be investigated according to law.

In the 70th State personnel and military personnel who worked in military service, any of the following acts constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, the offender:

(A) bribery;

(B) the abuse or neglect;

(C) engage in transfers of unqualified soldiers.

71st of the local people's Governments at or above the county level shall contravene this law and the punishment of individuals, subject to monitoring by the local people's Governments at or above the county level to military service organs, public security, civil affairs, health, education, human resources and Social Security Department for processing.

The 12th chapter by-laws

72nd article this law applies to the Chinese people's armed police force. 73rd needed with civilian cadres of the PLA.

The provisions of this law on military officers for civilian cadres. 74th article this law shall enter into force on October 1, 1984.