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军事犯罪概念是军事刑法的核心内容,当前主流观点采用广义军事犯罪概念,认为其包括危害国防利益罪与军人违反职责罪,有与普通犯罪混同之虞,使军事刑法丧失了作为军事法和特别刑法的价值。为促进军事刑法立法与司法的科学发展,有必要提倡单纯军事犯罪概念,将军事犯罪界定为军事人员违反军事义务,危害国家军事利益,应受刑罚处罚的行为。
The concept of military crime is the core content of military criminal law. The current mainstream view adopts the concept of generalized military crime that it includes the crime of endangering the interests of national defense and the breach of duty of duty personnel, and the danger of confusion with common crime, so that the military criminal law loses its role as military law and special The value of criminal law. In order to promote the scientific development of legislation and judicature in military criminal law, it is necessary to promote the concept of purely military crime and define it as the act of military personnel violating military obligations and endangering the national military interests, subject to punishment.