Military judicial organs are responsible for military crimes and what cases?

Military judicial organs have jurisdiction over cases.

1, criminal cases of servicemen;

2. Criminal cases of personnel inside the PLA;

3. Military personnel who commit crimes in violation of their duties.

In accordance with laws and decrees, military judicial organs are responsible for trying criminal cases of servicemen and workers in the armed forces and cases under their jurisdiction, and punishing counter-revolutionaries and other criminals who endanger the country and undermine the national defense capability, so as to safeguard the security of the motherland, safeguard the national legal system and military order, consolidate the combat effectiveness of the armed forces, protect the legitimate rights and interests of servicemen and other citizens, and ensure the smooth progress of the revolutionary, modern and regular construction of the armed forces and the socialist construction of the country. Military judicial organs use all their activities to educate soldiers to be loyal to the socialist motherland, abide by their duties and consciously abide by the national constitution, laws and military regulations.

According to the Organic Law of People's Republic of China (PRC), the Civil Procedure Law of People's Republic of China (PRC) and other laws, combined with the actual civil trial work of the people's courts, the relevant issues concerning the jurisdiction of military courts over civil cases are hereby notified as follows:

Article 1 The following civil cases shall be under the jurisdiction of military courts:

(1) Cases in which both sides are soldiers or troops, except as otherwise provided by law;

(2) Cases involving military secrets above the confidential level;

(3) Cases concerning the qualifications of voters for the establishment of an election committee by the army;

(four) the case of determining the ownerless property in the camp.

Article 2 The military court shall accept the following civil cases, if the local parties file a lawsuit or apply to the military court:

(a) cases of tort liability disputes in the course of performing their duties by soldiers or military units;

(two) a case of tort liability dispute in which one party is a soldier or an army unit and the infringement occurs in the camp;

(3) Cases of marriage and family disputes in which one party is a soldier;

(4) A case in which the location of the immovable property, the location of the port, the domicile of the decedent at the time of his death or the location of the main legacy as stipulated in Article 34 of the Civil Procedure Law is in a camp, and one of the parties is a soldier or an army;

(five) the case of applying for the declaration of missing or dead soldiers;

(6) Cases in which an application is made to determine that a serviceman has no or limited capacity for civil conduct.

Article 3 A contract dispute in which one of the parties is a soldier or an army, the place where the contract is performed or the place where the subject matter is located is in a camp, may be under the jurisdiction of a military court if the parties agree in writing that it does not violate the provisions of the law on hierarchical jurisdiction, exclusive jurisdiction and special jurisdiction.

Article 4 The acceptance of civil cases of first instance by military courts shall be determined with reference to the provisions of the Civil Procedure Law on territorial jurisdiction and hierarchical jurisdiction. If there is no military court of first instance in the provincial administrative division where the party concerned lives, or if it is located in a remote area with very inconvenient traffic, it may be under the jurisdiction of the local people's court, except for the cases specified in Item (2) of Article 1 of these Provisions.

Article 5 If a military court finds that a civil case it accepts is under the jurisdiction of a local people's court, it shall transfer it to the local people's court with jurisdiction, and the transferred local people's court shall accept it. If the local people's court considers that the transferred case is not under its jurisdiction, it shall report it to the local people's court at a higher level for handling, and shall not transfer it by itself.

Where a local people's court finds that a civil case accepted by it is under the jurisdiction of a military court, it shall be handled with reference to the provisions of the preceding paragraph.

Article 6 Disputes arising from jurisdiction between a military court and a local people's court shall be settled by both parties through consultation. If negotiation fails, it shall be reported to their respective superior courts for negotiation and settlement; If negotiation fails, it shall be submitted to the Supreme People's Court for designated jurisdiction.

Article 7 After a military court accepts a case, if the parties have objections to the jurisdiction, they shall raise them when submitting their defense. The military court shall examine the objections raised by both parties. If the objection is established, it shall be ordered to transfer the case to a military court or a local people's court with jurisdiction; If the objection is not established, the ruling shall be rejected.

Article 8 Soldiers mentioned in these Provisions refer to officers, civilian cadres, soldiers and trainees in active service of the Chinese People's Liberation Army and police, civilian cadres, soldiers and trainees in active service of the Chinese People's Armed Police Force. Civilian personnel, non-active public servants, regular employees of the army and retirees managed by the army shall be determined with reference to military personnel.

Military units refer to the China People's Liberation Army, the Chinese People's Armed Police Force and the active and reserve forces of enterprises and institutions within their establishment.

Camp refers to the area managed and used by the army, including military restricted zones and military administrative zones.

The scope of military procuratorates and military courts is the same, but the difference is that military procuratorates exercise procuratorial power, examine cases and decide whether to arrest, prosecute or exempt from prosecution; Prosecuting and supporting public prosecution in criminal cases; Supervise the legality of the activities of other military judicial organs. Military courts exercise judicial power and are responsible for trials.