法律文本

中国人民解放军军官军衔条例(1994修订)

Regulations on the Military Ranks of Officers of the Chinese People's Liberation Army (Revised in 1994)

主席令第二十六号

Presidential Decree No. 26

（１９８８年７月１日第七届全国人民代表大会常务委员会第二次会议通过 根据１９９４年５月１２日第八届全国人民代表大会常务委员会第七次会议《关于修改的决定》修正）

(Adopted at the Second Meeting of the Standing Committee of the Seventh National People's Congress on July 1, 1988, and amended according to the Decision on Amendment adopted at the Seventh Meeting of the Standing Committee of the Eighth National People's Congress on May 12, 1994)

第一章 总则

Chapter 1 General Provisions

第一条   根据《中华人民共和国宪法》和《中华人民共和国兵役法》的有关规定，制定本条例。

Article 1 These Regulations are formulated in accordance with the relevant provisions of the Constitution of the People's Republic of China and the Military Service Law of the People's Republic of China.

第二条   为加强中国人民解放军的革命化、现代化、正规化建设，有利于军队的指挥和管理，增强军官的责任心和荣誉感，实行军官军衔制度。

Article 2 A system of military ranks to be applied to officers shall be established for the purpose of strengthening the revolutionization, modernization and regularization of the Chinese People's Liberation Army, facilitating the command and management of the Army and heightening the officers' sense of responsibility and honour.

第三条   军官军衔是区分军官等级 、表明军官身份的称号 、标志和国家给予军官的荣誉。

Article 3 An officer's rank shall be the title and insignia identifying the grade and status of the officer as well as an honour granted to him by the state.

第四条   军官军衔按照军官的服役性质分为现役军官军衔和预备役军官军衔。

Article 4 In accordance with the nature of service, the military ranks shall be classified into ranks for officers in active service and ranks for officers in reserve service.

第五条   军衔高的军官对军衔低的军官，军衔高的为上级。当军衔高的军官在职务上隶属于军衔低的军官时，职务高的为上级。

Article 5 An officer with a higher rank shall be the superior of an officer with a lower rank. When an officer with a higher rank is subordinate to an officer with a lower rank in terms of post, the officer holding a higher post shall be the superior.

第六条   现役军官转入预备役的，在其军衔前冠以“预备役”。现役军官退役的，其军衔予以保留，在其军衔前冠以“退役”。

Article 6 When an officer in active service is shifted to reserve service, his rank shall be identified as one "in reserve service". When an officer retires from military service, his rank shall be preserved and identified as "retired".

第二章 现役军官军衔等级的设置

Chapter 2 Military Ranks of Officers in Active Service

第七条   军官军衔设下列三等十级：

Article 7 Officers' ranks shall be classified into the following ten grades under three categories:

（一）将官：上将、中将、少将；

1. Generals: General, Lieutenant General, Major General;

（二）校官：大校、上校、中校、少校；

2. Field officers: Senior Colonel, Colonel, Lieutenant Colonel and Major; and

（三）尉官：上尉、中尉、少尉。

3. Junior officers: Captain, Lieutenant, Second Lieutenant.

第八条   军官军衔依照下列规定区分：

Article 8 Officers' ranks shall be differentiated as follows:

（一）军事、政治、后勤军官：上将、中将、少将，大校、上校、中校、少校，上尉、中尉、少尉。

1. Operational, political and logistics officers: general, lieutenant general, major general, senior colonel, colonel, lieutenant colonel, major, captain, lieutenant and second lieutenant.

海军、空军军官在军衔前分别冠以“海军”、“空军”。

The ranks of officers in the Navy and in the Air Force shall be identified as "Navy" and "Air Force" respectively.

（二）专业技术军官：中将、少将，大校、上校、中校、少校，上尉、中尉、少尉。在军衔前冠以“专业技术”。

2. Specialized technical officers: Lieutenant General, Major General, Senior Colonel, Colonel, Lieutenant Colonel, Major, Captain, Lieutenant and Second Lieutenant. The title is preceded by "professional skill".

第三章 现役军官职务等级编制军衔

Chapter III Ranks of Officers in Active Service by Virtue of Their Posts

第九条   人民解放军实行军官职务等级编制军衔。

Article 9 The People's Liberation Army shall apply a system of basing the ranks of officers on their positions.

第十条   中华人民共和国中央军事委员会领导全国武装力量。中央军事委员会实行主席负责制。中央军事委员会主席不授予军衔；

Article 10 The Central Military Commission of the People's Republic of China directs the armed forces of the country. The Chairman of the Central Military Commission has overall responsibility for the commission. No military rank shall be conferred on the Chairman of the Central Military Commission.

中央军事委员会副主席的职务等级编制军衔为上将。

The ranks of the Vice-chairmen of the Central Military Commission by virtue of their posts shall be General.

中央军事委员会委员的职务等级编制军衔为上将。

The ranks of members of the Central Military Commission by virtue of their posts shall be General.

第十一条   军事、政治、后勤军官实行下列职务等级编制军衔：

Article 11 The ranks for operational, political and logistics officers based on their positions shall be as follows:

人民解放军总参谋长、总政治部主任：上将；

Chief of the General Staff and Director of the General Political Department of the People's Liberation Army: General;

正大军区职：上将、中将；

Level of commander of a major military command: General or Lieutenant General;

副大军区职：中将、少将；

Deputy Major Military Command: Lieutenant General, Major General;

正军职：少将、中将；

Officers at the level of corps commander: Major General or Lieutenant General;

副军职：少将、大校；

Officers at the level of deputy corps commander: Major General or Senior Colonel;

正师职：大校、少将；

Division: Senior Colonel, Major General;

副师职（正旅职）：上校、大校；

Officers at the level of deputy division commander (or brigade commander): Colonel or Senior Colonel;

正团职（副旅职）：上校、中校；

Officers at the level of regiment commander (or deputy brigade commander): Colonel or Lieutenant Colonel;

副团职：中校、少校；

Officers at the level of deputy regiment commander: Lieutenant Colonel or Major;

正营职：少校、中校；

Officers at the level of Major or Lieutenant Colonel;

副营职：上尉、少校；

Officers at the level of deputy battalion commander: Captain or Major;

正连职：上尉、中尉；

Title of Company Commander: Captain or Lieutenant;

副连职：中尉、上尉；

Position of deputy company commander: Lieutenant or Captain;

排职：少尉、中尉。

Platoon: Second Lieutenant, Lieutenant.

第十二条   专业技术军官实行下列职务等级编制军衔：

Article 12 The ranks for specialized technical officers based on their positions shall be as follows:

高级专业技术职务：中将至少校；

Senior specialized technical officer: from lieutenant general to major;

中级专业技术职务：大校至上尉；

Intermediate specialized technical officer: from Senior Colonel to Captain; and

初级专业技术职务：中校至少尉。

Junior professional and technical post: from lieutenant colonel to second lieutenant.

第四章 现役军官军衔的首次授予

Chapter 4 Initial Conferment of Ranks on Officers in Active Service

第十三条   军官军衔按照军官职务等级编制军衔授予。

Article 13 Military ranks shall be conferred on officers by virtue of their posts.

第十四条   授予军官军衔以军官所任职务、德才表现、工作实绩、对革命事业的贡献和在军队中服役的经历为依据。

Article 14 Appropriate ranks shall be conferred on officers on the basis of the posts they are holding, their political integrity and ability, their actual achievements in work, their contributions to the revolutionary cause and their experience in military service.

第十五条   初任军官职务的人员依照下列规定首次授予军衔：

Article 15 Personnel appointed officers for the first time shall have one of the following ranks conferred on them:

（一）军队中等专业学校毕业的，授予少尉军衔；

1. The rank of second lieutenant shall be conferred on graduates of secondary schools of the Army;

大学专科毕业的，授予少尉军衔，可以按照人民解放军总政治部的有关规定授予中尉军衔；

The rank of second lieutenant shall be conferred on graduates of two-or three-year colleges; in accordance with the relevant regulations of the General Political Department of the People's Liberation Army, the rank of lieutenant may be conferred on some of them;

大学本科毕业的，授予中尉军衔，可以按照人民解放军总政治部的有关规定授予少尉军衔；

The rank of Lieutenant shall be conferred on graduates of regular colleges; in accordance with the relevant regulations of the General Political Department of the People's Liberation Army, the rank of Second Lieutenant may be conferred on some of them;

获得硕士学位的，授予上尉军衔，可以按照人民解放军总政治部的有关规定授予中尉军衔；研究生班毕业，未获得硕士学位的，授予中尉军衔；

The rank of captain shall be conferred on those who have a master's degree; in accordance with the relevant regulations of the General Political Department of the People's Liberation Army, the rank of lieutenant may be conferred on some of them; the rank of lieutenant shall conferred on those who have completed graduate courses without a master's degree;

获得博士学位的，授予少校军衔，可以按照人民解放军总政治部的有关规定授予上尉军衔。

The rank of Major shall be conferred on those who have a doctor's degree; in accordance with the relevant regulations of the General Political Department of the People's Liberation Army, the rank of Captain may be conferred on some of them.

（二）战时士兵被任命为军官职务的，按照军官职务等级编制军衔，授予相应的军衔。

(II) When enlisted men are appointed officers in wartime, appropriate ranks shall be conferred on them in accordance with the system of officers' ranks based on their positions.

（三）军队文职干部和非军事部门的人员被任命为军官职务的，按照军官职务等级编制军衔，授予相应的军衔。

(III) When civilian cadres of the Army and personnel of non-military departments are appointed officers, appropriate ranks shall be conferred on them in accordance with the system of officers' ranks based on their positions.

第十六条   首次授予军官军衔，依照下列规定的权限予以批准：

Article 16 The initial conferment of ranks on officers shall be approved in line with the limits of authority prescribed as follows:

（一）上将、中将、少将、大校、上校，由中央军事委员会主席批准授予；

1. The ranks of general, lieutenant general, major general, senior colonel and colonel shall be conferred with the approval of the Chairman of the Central Military Commission;

（二）中校、少校，由人民解放军各总部、大军区、军兵种或者其他相当于大军区级单位的正职首长批准授予；

(II) The ranks of Lieutenant Colonel and Major shall be conferred with the approval of the head of a general department of the People's Liberation Army, of a major military command, of one of the services or arms of the Army or of a unit equivalent to a major military command; and

（三）上尉、中尉、少尉，由集团军或者其他有军官职务任免权的军级单位的正职首长批准授予。

(III) The ranks of Captain, Lieutenant and Second Lieutenant shall be conferred with the approval of the head of a combined corps or of a unit at the corps level that has the power to appoint and remove officers.

第五章 现役军官军衔的晋级

Chapter 5 Promotion of the Ranks of Officers in Active Service

第十七条   军官军衔按照下列期限晋级：

Article 17 The promotion of the ranks of officers shall be conducted at the following intervals:

（一）平时军官军衔晋级的期限：少尉晋升中尉，大学专科以上毕业的为二年，其他为三年；中尉晋升上尉、上尉晋升少校、少校晋升中校、中校晋升上校、上校晋升大校各为四年；大校以上军衔晋级为选升，以军官所任职务、德才表现和对国防建设的贡献为依据。

1. In peacetime, an interval for an officer to be promoted shall be: two years for officers who are graduates of two-or three-year college or other institutions of higher learning to be promoted from Second Lieutenant to Lieutenant, three years for others without such college education, and four years for officers to be promoted from Lieutenant to Captain, from Captain to Major, from Major to Lieutenant Colonel, from Lieutenant Colonel to Colonel or from Colonel to Senior Colonel. Officers with the rank of Senior Colonel or above shall be promoted selectively on the basis of their posts, their political integrity and professional competence and their contributions to the building of national defence; and

（二）战时军官军衔晋级的期限可以缩短，具体办法由中央军事委员会根据战时情况规定。

(II) The interval for the promotion of the ranks of officers may be shortened in wartime. Specific measures shall be formulated by the Central Military Commission in the light of wartime situations.

军官在院校学习的时间，计算在军衔晋级的期限内。

The period of time for an officer to study at a college or university shall be included in the interval for the promotion of his rank.

第十八条   军官军衔一般应当按照规定的期限逐级晋升。

Article 18 In general, officers shall be promoted grade by grade at regular intervals.

第十九条   军官军衔晋级的期限届满，因违犯军纪，按照中央军事委员会的有关规定不够晋级条件的，延期晋级或者退出现役。

Article 19 When, at the end of an interval for promotion, an officer is disqualified for promotion in accordance with the relevant provisions of the Central Military Commission because of his violation of military discipline; his promotion shall be deferred or he shall retire from active service.

第二十条   军官由于职务提升，其军衔低于新任职务等级编制军衔的最低军衔的，提前晋升至新任职务等级编制军衔的最低军衔。

Article 20 When an officer is appointed to a higher post while his rank is lower than the minimum rank for his new post, he shall be promoted ahead of time to the minimum rank for his new post.

第二十一条   军官在作战或者工作中建立突出功绩的，其军衔可以提前晋级。

Article 21 Officers who have rendered outstanding services in battle or work may be promoted in rank ahead of time.

第二十二条   被决定任命为中央军事委员会副主席、委员职务的军官晋升为上将的，由中央军事委员会主席授予上将军衔。

Article 22 If an officer whose appointment as Vice-chairman or a member of the Central Military Commission has been decided is to be promoted to a General, and the rank of General shall be conferred by the Chairman of the Central Military Commission.

第二十三条   本法第二十二条规定以外的军官军衔的晋级，按照军官职务的任免权限批准。但是，下列军官军衔晋级，按照以下规定批准：

Article 23 Except for the cases as provided by Article 22 of the present Regulations, promotion of officers' ranks shall be approved by the authorities with the prescribed power for appointment and removal. However, the promotion of ranks of the following officers shall be approved in accordance with the following provisions:

（一）副师职（正旅职）军官晋升为大校的，专业技术军官晋升为大校、少将、中将的，由中央军事委员会主席批准；

1. An officer at the level of deputy division commander (or brigade commander) to be promoted to Senior Colonel, or a specialized technical officer to be promoted to Senior Colonel, Major General or Lieutenant General shall be approved by the Chairman of the Central Military Commission;

（二）专业技术军官晋升为上校的，由人民解放军各总部、大军区、军兵种或者其他相当于大军区级单位的正职首长批准；

2. A specialized technical officer to be promoted to Colonel shall be approved by the head of a general department of the People's Liberation Army, of a major military command, of one of the services or arms of the Army or of a unit equivalent to a major military command; and

（三）副营职军官晋升为少校的，专业技术军官晋升为少校、中校的，由集团军或者其他有军官职务任免权的军级单位的正职首长批准。

(III) An officer at the level of deputy battalion commander to be promoted to Major, or a specialized technical officer to be promoted to Major or Lieutenant Colonel shall be approved by the head of a combined corps or of a unit at the corps level that has the power to appoint and remove officers.

第六章 现役军官军衔的降级、取消和剥夺

Chapter 6 Demotion, Annulment and Deprivation of the Ranks of Officers in Active Service

第二十四条   军官因不胜任现任职务被调任下级职务，其军衔高于新任职务等级编制军衔的最高军衔的，应当调整至新任职务等级编制军衔的最高军衔。调整军衔的批准权限与其原军衔的批准权限相同。

Article 24 If an officer is demoted to a lower position because he is disqualified for the current position while his rank is higher than the maximum rank for his new position, his rank shall be readjusted to the maximum rank for his new position. The readjustment of his rank shall be approved by the same authority that approved his original rank.

第二十五条   军官违犯军纪的，按照中央军事委员会的有关规定，可以给予军衔降级处分。军衔降级的批准权限与首次批准授予该级军衔的权限相同。

Article 25 An officer who violates military discipline may be punished by a demotion in rank in accordance with the relevant provisions of the Central Military Commission. The demotion in rank shall be approved by the same authority that approved the initial conferment of the rank.

军官军衔降级不适用于少尉军官。

Demotion is not applicable to second lieutenants.

第二十六条   军官军衔降级的，其军衔晋级的期限按照降级后的军衔等级重新计算。

Article 26 The interval for the promotion of the rank of a demoted officer shall be counted anew in accordance with the provisions for the rank to which he has been demoted.

军官受军衔降级处分后，对所犯错误已经改正并在作战或者工作中有显著成绩的，其军衔晋级的期限可以缩短。

When an officer punished by a demotion in rank has rectified his mistake and made outstanding achievements in battle or work, the interval for the promotion of his rank may be shortened.

第二十七条   对撤销军官职务并取消军官身份的人员，取消其军官军衔。取消军官军衔的批准权限与首次批准授予该级军衔的权限相同。

Article 27 When an officer is removed from his post and is no longer an officer, his military rank shall be annulled. The annulment of an officer's rank shall be approved by the same authority that approved the initial conferment of the rank.

军官被开除军籍的，取消其军衔。取消军衔的批准权限与批准开除军籍的权限相同。

When an officer is dismissed from military service, his rank shall be annulled. The limits of authority for approving the annulment of his rank shall be the same as those for approving the discharge from military service.

第二十八条   军官犯罪，被依法判处剥夺政治权利或者三年以上有期徒刑的，由法院判决剥夺其军衔。

Article 28 When an officer commits a crime and is deprived of his political rights by law or sentenced to imprisonment of three years or more, he shall be deprived of his military rank by decision of the court.

退役军官犯罪的，依照前款规定剥夺其军衔。

When a retired officer commits a crime, he shall be deprived of his rank in accordance with the provisions of the preceding paragraph.

军官犯罪被剥夺军衔，在服刑期满后，需要在军队中服役并授予军官军衔的，依照本条例第十六条的规定办理。

When an officer who has been deprived of his rank for committing a crime is required, after serving his sentence, to continue to serve in the People's Liberation Army and to be granted a military rank, the case shall be handled in accordance with the provisions of Article 16 of the present Regulations.

第七章 现役军官军衔的标志和佩带

Chapter 7 Insignias of the Ranks of Officers in Active Service and the Wearing Thereof

第二十九条   军官军衔的肩章、符号式样和佩带办法，由中央军事委员会颁布。

Article 29 Patterns of shoulder loops and insignias as well as the ways of wearing them shall be promulgated by the Central Military Commission.

第三十条   军官佩带的肩章、符号必须与其军衔相符。

Article 30 The shoulder loops and insignias worn by officers must correspond with their ranks.

第八章 附则

Chapter 8 Supplementary Provisions

第三十一条   预备役军官军衔制度，另行规定。

Article 31 The system of ranks for officers in reserve service shall be formulated separately.

第三十二条   士兵军衔制度，由国务院和中央军事委员会规定。

Article 32 The system of ranks for enlisted men shall be formulated by the State Council and the Central Military Commission.

第三十三条   中国人民武装警察部队实行警衔制度，具体办法由国务院和中央军事委员会规定。

Article 33 The Chinese People's Armed Police Force shall apply a system of ranks for armed policemen, and specific measures shall be formulated by the State Council and the Central Military Commission.

第三十四条   人民解放军总参谋部、总政治部根据本条例制定实施办法，报中央军事委员会批准后施行。

Article 34 The General Staff and the General Political Department of the People's Liberation Army shall, in accordance with these Regulations, formulate rules for their implementation, which shall be put into effect after being submitted to and approved by the Central Military Commission.

第三十五条   本条例自公布之日起施行。

Article 35 These Regulations shall be effective as of the date of promulgation.