Military lawyers are both full-time legal workers and military political workers. According to the provisions of the Lawyers Law, lawyers are social legal workers. As a specific part of the lawyer profession, the army certainly has this attribute. However, according to the Regulations on Political Work of China People's Liberation Army, the judicial administration and legal services of the army are led by political organs, which is one of the important contents of political work. Therefore, military lawyers have a dual responsibility. As a legal worker, we should take it as our duty to provide legal services to the officers and men of the army, earnestly perform our duties and fully safeguard the legitimate rights and interests of the officers and men of the army; As political workers, the ultimate goal of military lawyers' legal service is to serve the general goal of military ideological and political construction through their own professional work and enhance the pertinence and effectiveness of ideological and political work in the new period. This requires military lawyers to be familiar with the basic theory of military political work, master the basic methods and means of political work, be good at closely combining legal service work with military political work, and give full play to the overall advantages of military political work.
Military lawyers have a unique field of work. They should be familiar with both national laws and military regulations. Military lawyers, like social lawyers, should be familiar with and fully grasp the laws and regulations of the state when handling legal affairs involving criminal, civil, economic, administrative, maritime and financial departments. Only in this way can we properly handle the legal affairs involving the army and between the army and the land, provide correct legal advice to the officers and men of the army, and do a good job in safeguarding the national military interests and the legitimate rights and interests of the officers and men. Different from social lawyers, as soldiers and military political workers, military lawyers should also master the rules and regulations of the army. At present, army building has entered a new period of development, and the task of implementing the policy of administering the army according to law is very arduous. Only when military lawyers are familiar with the laws, regulations and rules of the country and the relevant provisions and legislative spirit of the army can they provide correct legal advice for the decision-making of military heads and organs at all levels, distinguish between competent and incompetent, legal and illegal behaviors of soldiers, and guide them to perform their duties better. In addition, military lawyers should study and study international law hard to provide strong legal guarantee for preparing for military struggle and winning local wars under high-tech conditions.
Military lawyers are specific public lawyers. This is determined by the special attributes of military lawyers. First of all, military lawyers are active officers and civilian cadres who have obtained the qualification of lawyers, and their salaries are paid by military funds; Social lawyers are held by citizens who have obtained the qualification of lawyers, and their economic income mainly depends on their practice activities. Secondly, after being formally incorporated into the military establishment, military lawyers become officers and civilian cadres, with corresponding ranks and grades; Social practicing lawyer is a social occupation, not a position, and has no official position or administrative rank. Third, the work of military lawyers is oriented to specific groups. Military lawyers mainly provide legal services to the army and soldiers, and their work is mainly oriented to leaders, organs, officers and soldiers at all levels and their families; Social lawyers practice for all members of society. Fourth, the work of military lawyers is funded by military expenses, and there is basically no charge for undertaking legal business; However, the working funds of social lawyers are self-supporting, and the legal services provided to the outside world are paid except legal aid. Fifth, military lawyers are soldiers, and the working institutions of military lawyers have superior competent departments and administrative leaders; Social lawyers practice industry self-discipline, and relevant government departments conduct supervision and management according to the Lawyers Law. The relationship between the two parties is the relationship between government agencies and administrative counterparts.
According to the characteristics of military lawyers and their practical work, the role of military lawyers is mainly reflected in the following aspects: First, military lawyers are an important embodiment of the democratization of military judicial trial system. The trial system without lawyers is undemocratic. The official listing of lawyers in the group army this time is also a further improvement of the military trial system. Military lawyers should actively carry out their work to ensure that every soldier accused of committing a crime can get legal help and his legitimate interests can be effectively safeguarded. Second, provide legal advice to military leaders and organs at all levels, so that their superiors can make informed decisions and properly handle relevant legal affairs according to law. Third, solve all kinds of law-related problems and earnestly safeguard the legitimate rights and interests of troops and officers and men. The fourth is to carry out in-depth legal consultation and legal education, and constantly improve the legal awareness and ability of officers and men to handle affairs according to law. Military lawyers should give full play to their professional expertise, go deep into the army to carry out face-to-face legal publicity and education, guide officers and soldiers to deepen their understanding of legal authority and establish their trust in the law through the practice of helping them solve law-related problems.