The army's non-war military mission is essentially another kind of operation. Although it is not a complete wartime state, it is very different from the military mission of war. The army's participation in non-war military operations involves many laws and regulations, such as the national defense law, the earthquake prevention and disaster reduction law, the active duty officer law, the people's armed police law, the emergency response law, and the regulations on the army's participation in emergency rescue and disaster relief, which provide legal protection for the army's operational interests. Military lawyers should strictly abide by the above laws and regulations to protect the operational interests of the army. In the execution of non-war military operations, if there are acts that infringe on the military's operational interests, such as obstructing, sabotaging, attacking, refusing to cooperate, and ensuring the implementation of non-war military operations, military lawyers should promptly assist the military command organs to deal with them on the spot according to law, and handle the aftermath on behalf of the military and local law enforcement agencies to safeguard the military's operational interests.
2. Safeguard the interests of army training
In the process of conducting non-war military mission drills, the army needs the assistance and cooperation of relevant local units and personnel in most cases, and sometimes it needs local units to provide various convenient conditions for it. Due to the influence of market economy, some local units and personnel occupy military training venues and facilities for the benefit of departments, regions or individuals, which interferes with military training activities. At this time, military lawyers need to negotiate with them on behalf of the troops in order to safeguard the legitimate training interests of the troops and ensure the development of military training activities and normal training order. When necessary, military lawyers can claim their rights through legal channels, especially for some units and individuals who have a bad attitude and refuse to cooperate with military training, they must resort to legal procedures to safeguard their rights and interests, which is also in line with the requirements of military legal construction.
3. Safeguard the interests of troops' property
When the army carries out non-war military tasks, according to the relevant laws and regulations of the state and the army, the central and local people's governments shall bear part of the responsibility for equipment and materials support and logistics assistance costs. For example, according to the Regulations on Armed Forces Participating in Emergency Rescue and Disaster Relief, the expenses incurred by the armed forces participating in emergency rescue and disaster relief organized by the State Council shall be borne by the central finance and the local finance. In terms of related expenses, military lawyers should assist the central and local people's governments to divide their responsibilities in a timely manner according to law to ensure the timely supply and guarantee of these expenses. On the other hand, in the process of completing the task, it is possible to requisition or lease the property of local units or individuals. Military lawyers should sign legal procedures with relevant personnel in time to ensure that they are carried out according to law and leave no future trouble.
4. Safeguard the security interests of the troops
Army security is the premise and foundation for the army to carry out non-war military tasks. Security interests mainly include political security, ideological security, personnel security, information security, vehicle security, property security, confidentiality security, technical security, equipment security, food security and so on. Security interests affect the whole body. If there are omissions, safety accidents will occur, which will affect the completion of military tasks. Military lawyers should always pay attention to all kinds of unsafe hidden dangers and unstable factors, assist the relevant departments to safeguard the security interests of the troops, not only carry out safety education, safety training and safety training, but also use various legal channels to ensure the safety of the troops, and combine the relevant laws and regulations of the state and the army to assist the command organs in formulating various safety regulations, safety plans and safety measures and ensure their implementation. Only by ensuring the security of the troops can we successfully complete non-war military tasks and safeguard the fundamental interests of the people.
(2) safeguarding the legitimate rights and interests of officers and men.
1. Protect the personal rights of officers and men
Soldiers who take part in non-war military tasks, like war military tasks, have to face all kinds of injuries that endanger personal rights. Some of these injuries are caused by the environment, such as geological disasters, accidental infringement, traffic accidents, air crashes and so on. Some of them are man-made, such as gangster attacks, explosions, fires, etc. All these pose a certain degree of danger to the personal rights of officers and men participating in the war, and even directly cause injuries, disabilities and deaths. When the personal rights and interests of officers and men participating in the war are infringed, military lawyers must use legal channels to safeguard their legitimate rights and interests in time to ensure that officers and men do not lose confidence and always maintain high morale.
2. Maintain the property rights of officers and men.
Taking part in non-war military operations, the vast number of officers and men are unpaid and silently dedicated, with unbalanced risks and benefits, and may even sacrifice their health and lives. Military lawyers should help safeguard their property rights and interests. For officers and men in active service, the protection of property rights and interests should be mainly military protection, including all kinds of accident insurance, medical insurance, subsidies and other rights and interests. Military lawyers should pay attention to urging relevant departments to provide timely protection according to national and military laws and regulations. For reservists and militiamen participating in the war, military lawyers should actively coordinate their work units in accordance with the law, and ensure that their wages, bonuses, benefits, positions and other benefits remain unchanged during the execution of non-war military tasks in accordance with relevant laws and regulations, and safeguard their legitimate property rights and interests.
3. Maintain the rights of officers and men.
Military lawyers should actively cooperate with local party committees and governments to urge all preferential policies to be put in place in time, urge local civil affairs departments to implement military pension policies, actively do a good job in receiving and resettling wounded and disabled soldiers, implement corresponding treatment, and commend and reward outstanding officers and men; Actively coordinate relevant local departments to introduce and implement special preferential policies in accordance with the law, and coordinate local civil affairs, labor and personnel, social insurance and other departments to take care of officers and soldiers and their families in terms of political, economic and social treatment, relying on leading groups for supporting the work at all levels.
4. Maintain the relief rights of officers and men.
The first is the right to social relief. Military lawyers should actively assist the relevant departments to carry out activities to help officers and soldiers and their families solve problems in the whole society, mobilize the society to carry out neighborhood mutual assistance activities, help solve the difficulties and problems in the production and life of officers and soldiers' families through social forces, and assist them in applying for living difficulties relief funds and various welfare subsidies; Second, the right of administrative relief, when the rights and interests of officers and men participating in the war are violated, military lawyers should assist them to provide relief through administrative channels and seek protection from military organs and local administrative organs; The third is the right of judicial relief. No matter whether the personal rights, property rights and special care rights of officers and men are violated, military lawyers should actively assist them to bring criminal proceedings or civil and administrative proceedings through the corresponding judicial organs to give relief.
5. Maintain the honor rights of officers and men.
Soldiers' selfless dedication and behavior in non-war military tasks should be commended and rewarded according to the relevant laws and regulations of the state and the army, which is their legitimate rights and interests. Military lawyers should cooperate with other departments to collect the advanced deeds and experiences of officers and men in accordance with the law, vigorously publicize the heroic feats of officers and men in carrying out their tasks and the touching stories of the people helping officers and men and their families solve practical difficulties, provide a basis for future commendation and rewards, enhance the sense of pride and honor of officers and men participating in the war and their families, and stimulate the lasting motivation of officers and men to complete their tasks.