法律文本

中华人民共和国兵役法（2011修正）

Military Service Law of the People’s Republic of China (2011 Amendment)

（１９８４年５月３１日第六届全国人民代表大会第二次会议通过１９８４年５月３１日中华人民共和国主席令第十四号公布根据１９９８年１２月２９日第九届全国人民代表大会常务委员会第六次会议《关于修改〈中华人民共和国兵役法〉的决定》第一次修正根据２００９年８月２７日第十一届全国人民代表大会常务委员会第十次会议《关于修改部分法律的决定》第二次修正根据２０１１年１０月２９日第十一届全国人民代表大会常务委员会第二十三次会议《关于修改〈中华人民共和国兵役法〉的决定》第三次修正）

(Adopted at the Second Session of the Sixth National People 's Congress on May 31, 1984 and promulgated by the Order of the President of the People's Republic of China No.14 on May 31, 1984; amended for the first time in accordance with the Decision on Revising the Military Service Law of the People's Republic of China adopted at the Sixth Session of the Standing Committee of the Ninth National People's Congress on December 29, 1998; amended for the second time in accordance with the Decision on Revising Certain Laws adopted at the Tenth Session of the Standing Committee of the 11th National People's Congress on August 27, 2009; and amended for the third time in accordance with the Decision on Revising the Military Service Law of the People's Republic of China adopted at the 23rd Session of the Standing Committee of the 11th National People's Congress on October 29, 2011)

第一章 总 则

Chapter 1 General Provisions

第一条   根据中华人民共和国宪法第五十五条“保卫祖国、抵抗侵略是中华人民共和国每一个公民的神圣职责。依照法律服兵役和参加民兵组织是中华人民共和国公民的光荣义务”和其他有关条款的规定，制定本法。

Article 1 This Law is formulated pursuant to Article 55 of the Constitution of the People's Republic of China, which stipulates, "It is the sacred duty of every citizen of the People's Republic of China to defend the motherland and resist aggression. It is the honourable duty of citizens of the People's Republic of China to perform military service and join the militia in accordance with the law, "and in accordance with other relevant provisions of the Constitution.

第二条   中华人民共和国实行义务兵与志愿兵相结合、民兵与预备役相结合的兵役制度。

Article 2 The People's Republic of China practises a military service system which combines conscripts with volunteers and a militia with a reserve service.

第三条   中华人民共和国公民，不分民族、种族、职业、家庭出身、宗教信仰和教育程度，都有义务依照本法的规定服兵役。

Article 3 All citizens of the People's Republic of China, regardless of ethnic status, race, occupation, family background, religious belief and education, have the obligation to perform military service according to the provisions of this Law.

有严重生理缺陷或者严重残疾不适合服兵役的人，免服兵役。

Exemptions from military service shall be granted to persons unfit for it due to serious physical defects or serious deformities.

依照法律被剥夺政治权利的人，不得服兵役。

Persons deprived of political rights by law may not perform military service.

第四条   中华人民共和国的武装力量，由中国人民解放军、中国人民武装警察部队和民兵组成。

Article 4 The armed forces of the People's Republic of China shall be composed of the Chinese People's Liberation Army, the Chinese People's Armed Police Force and the Militia.

第五条   兵役分为现役和预备役。在中国人民解放军服现役的称现役军人；经过登记，预编到现役部队、编入预备役部队、编入民兵组织服预备役的或者以其他形式服预备役的，称预备役人员。

Article 5 The military service shall comprise an active service and a reserve service. Those serving in the Chinese People's Liberation Army are active servicemen while those pre-assigned to a regular military troop, reserve military troop, militia organization or other forms are reservists upon registration.

第六条   现役军人和预备役人员，必须遵守宪法和法律，履行公民的义务，同时享有公民的权利；由于服兵役而产生的权利和义务，由本法和其他相关法律法规规定。

Article 6 Active servicemen and reservists must abide by the Constitution and laws, and shall perform their duties and at the same time enjoy their rights as citizens; their rights and duties resulting from their military service shall be subject to this Law and other relevant laws and regulations.

第七条   现役军人必须遵守军队的条令和条例，忠于职守，随时为保卫祖国而战斗。

Article 7 Active servicemen must abide by the rules and regulations of the army, faithfully discharge their duties and always be ready to fight for the defence of the motherland.

预备役人员必须按照规定参加军事训练、执行军事勤务，随时准备参军参战，保卫祖国。

Reservists must, in accordance with the regulations, participate in military training and perform military duties, and are always ready to join the army and take part in war for the defense of the motherland.

第八条   现役军人和预备役人员建立功勋的，得授予勋章、奖章或者荣誉称号。

Article 8 Medals, decorations or titles of honour shall be given to active servicemen and reservists who perform meritorious deeds.

第九条   中国人民解放军实行军衔制度。

Article 9 The Chinese People's Liberation Army shall practise a system of military ranks.

第十条   全国的兵役工作，在国务院、中央军事委员会领导下，由国防部负责。

Article 10 Responsibility for military service work throughout the country shall be assumed by the Ministry of National Defence under the leadership of the State Council and the Central Military Commission.

各军区按照国防部赋予的任务，负责办理本区域的兵役工作。

The military commands shall be responsible for military service work in their respective regions as assigned by the Ministry of National Defence.

省军区（卫戍区、警备区）、军分区（警备区）和县、自治县、市、市辖区的人民武装部，兼各该级人民政府的兵役机关，在上级军事机关和同级人民政府领导下，负责办理本区域的兵役工作。

The provincial commands (garrison commands), sub-commands (garrison commands) and the departments of people's armed forces of counties, autonomous counties, cities and municipal districts shall concurrently act as the military service organs of the people's governments at corresponding levels and shall be responsible for military service work in their respective areas under the leadership of military organs at higher levels and the people's governments at corresponding levels.

机关、团体、企业事业单位和乡、民族乡、镇的人民政府，依照本法的规定完成兵役工作任务。兵役工作业务，在设有人民武装部的单位，由人民武装部办理；不设人民武装部的单位，确定一个部门办理。

Government organs, public organizations, enterprises and institutions and the people's governments of townships, nationality townships, and towns shall carry out military service work according to the provisions of this Law. Professional work concerning military service shall be handled by the department of people's armed forces or by a designated department in a unit where there is no such department.

第二章 平时征集

CHAPTER 2 RECRUITING IN PEACETIME

第十一条   全国每年征集服现役的人数、要求和时间，由国务院和中央军事委员会的命令规定。

Article 11 The number of citizens to be enlisted for active service each year, the requirements for them to be enlisted and the time schedule for enlistment shall be prescribed by order of the State Council and the Central Military Commission.

县级以上地方各级人民政府组织兵役机关和有关部门组成征集工作机构，负责组织实施征集工作。

Local people's governments at or above the county level shall organize military service organs and relevant departments to form the enlistment working institutions responsible for organizing and implementing the enlistment.

第十二条   每年十二月三十一日以前年满十八周岁的男性公民，应当被征集服现役。当年未被征集的，在二十二周岁以前仍可以被征集服现役，普通高等学校毕业生的征集年龄可以放宽至二十四周岁。

Article 12 Each year, male citizens who have reached 18 years of age by December 31 shall be enlisted for active service. Those who are not enlisted during the year shall remain eligible for active service before the age of 22.

根据军队需要，可以按照前款规定征集女性公民服现役。

To meet the needs of the armed forces, female citizens may be enlisted for active service according to the provisions of the preceding paragraph.

根据军队需要和本人自愿，可以征集当年十二月三十一日以前年满十七周岁未满十八周岁的公民服现役。

A citizen who has reached the age of 17 but has not reached 18 yet by December 31 of a certain year may be enlisted for active service of his or her own accord, if it is of necessity for the armed forces to do so.

第十三条   国家实行兵役登记制度。每年十二月三十一日以前年满十八周岁的男性公民，都应当在当年六月三十日以前，按照县、自治县、市、市辖区的兵役机关的安排，进行兵役登记。经兵役登记并初步审查合格的，称应征公民。

Article 13 The State practices a military service registration system. Each year, male citizens who will be 18 years old by December 31 shall be registered for military service by June 30 of that year according to the arrangements of the military service organs of counties, autonomous counties, cities or municipal districts. Those who have registered and have passed the preliminary examination are called citizens eligible for enlistment.

第十四条   在征集期间，应征公民应当按照县、自治县、市、市辖区的兵役机关的通知，按时到指定的体格检查站进行体格检查。

Article 14 During the period of enlistment, citizens eligible for enlistment shall, upon notification by the military service organs of counties, autonomous counties, cities or municipal districts, go to the designated health centres in time for physical examination.

应征公民符合服现役条件，并经县、自治县、市、市辖区的兵役机关批准的，被征集服现役。

Citizens eligible for enlistment who are qualified for active service shall be enlisted for such service upon approval by the military service organs of counties, autonomous counties, cities or municipal districts.

第十五条   在征集期间，应征公民被征集服现役，同时被机关、团体、企业事业单位招收录用或者聘用的，应当优先履行服兵役义务；有关机关、团体、企业事业单位应当服从国防和军队建设的需要，支持兵员征集工作。

Article 15 If a citizen eligible for enlistment is enlisted for active service and meanwhile recruited or employed by a State organ, public organization, enterprise or public institution during the period of enlistment, such citizen shall perform his or her obligation of military service first; relevant State organs, public organizations, enterprises and public institutions shall be subordinated to the needs for the building of the national defense and the army and support the enlistment of recruits.

第十六条   应征公民是维持家庭生活唯一劳动力的，可以缓征。

Article 16 The enlistment of a citizen eligible for enlistment may be deferred if he is the only worker in his family providing its means of subsistence.

第十七条   应征公民正在被依法侦查、起诉、审判的或者被判处徒刑、拘役、管制正在服刑的，不征集。

Article 17 A citizen eligible for enlistment shall not be enlisted if he is being investigated, prosecuted or on trial according to law or if he has been sentenced to imprisonment, criminal detention or public surveillance and is serving his sentence.

第三章 士兵的现役和预备役

Chapter 3 Active Service and Reserve Service of Soldiers

第十八条   现役士兵包括义务兵役制士兵和志愿兵役制士兵，义务兵役制士兵称义务兵，志愿兵役制士兵称士官。

Article 18 Active soldiers shall include compulsory soldiers and voluntary soldiers. The former shall be referred to as conscripts and the latter as sergeants.

第十九条   义务兵服现役的期限为二年。

Article 19 The term of active service for a conscript is two years.

第二十条   义务兵服现役期满，根据军队需要和本人自愿，经团级以上单位批准，可以改为士官。根据军队需要，可以直接从非军事部门具有专业技能的公民中招收士官。

Article 20 After the expiration of active service, a conscript may change to a sergeant upon approval by units at or above the regimental level, depending on the military needs and on a voluntary basis. Depending on the military needs, sergeants may directly be recruited from among citizens with professional skills in non-military departments.

士官实行分级服现役制度。士官服现役的期限一般不超过三十年，年龄不超过五十五周岁。

The system of performing active service by level shall apply to sergeants. The term of active service for a sergeant shall be no more than 30 years in general, and his or her age shall be no more than 55.

士官分级服现役的办法和直接从非军事部门招收士官的办法，由国务院、中央军事委员会规定。

Measures for sergeants performing active service by level and measures for directly recruiting sergeants from non-military departments shall be formulated by the State Council and the Central Military Commission.

第二十一条   士兵服现役期满，应当退出现役。因军队编制员额缩减需要退出现役的，经军队医院诊断证明本人健康状况不适合继续服现役的，或者因其他特殊原因需要退出现役的，经师级以上机关批准，可以提前退出现役。

Article 21 A soldier shall be discharged from active service upon the expiration of his term of active service. Those who have to be discharged from active service because of a reduction in the personnel of the armed forces, a condition of health unfit for continued service as diagnosed and certified by a hospital of the armed forces or other special reasons may be discharged before the expiration of their terms of active service upon approval by a division headquarters or a higher organ.

士兵退出现役的时间为部队宣布退出现役命令之日。

The time when a soldier is discharged from active service shall be the date when the army announces the order of discharge from active service.

第二十二条   士兵退出现役时，符合预备役条件的，由部队确定服士兵预备役；经过考核，适合担任军官职务的，服军官预备役。

Article 22 A soldier who is discharged from active service but is qualified for reserve service shall be assigned by his army unit to serve in the soldiers' reserve; a soldier who is considered after assessment to be fit for the post of an officer shall serve in the officers' reserve.

退出现役的士兵，由部队确定服预备役的，自退出现役之日起四十日内，到安置地的县、自治县、市、市辖区的兵役机关办理预备役登记。

A soldier who is discharged from active service and assigned by his army unit to serve in the reserve shall, within 40 days after being discharged from active service, register for reserve service with the military service organ of the county, autonomous county, city or municipal district at the locality of his or her placement.

第二十三条   依照本法第十三条规定经过兵役登记的应征公民，未被征集服现役的，办理士兵预备役登记。

Article 23 Citizens eligible for enlistment who have registered for military service according to the provisions of Article 13 of this Law but who have not been enlisted for active service shall register for soldier reserve service.

第二十四条   士兵预备役的年龄，为十八周岁至三十五周岁，根据需要可以适当延长。具体办法由国务院、中央军事委员会规定。

Article 24 The age for soldier reserve service shall range from 18 to 35, and may be extended as necessary. Specific measures shall be formulated by the State Council and the Central Military Commission.

第二十五条   士兵预备役分为第一类和第二类。

Article 25 Persons in the soldiers' reserve shall be divided into two categories:

第一类士兵预备役包括下列人员：

Category One of the persons in the soldiers' reserve shall include:

（一）预编到现役部队的预备役士兵；

1. Reserve soldiers pre-assigned to the regular military troop;

（二）编入预备役部队的预备役士兵；

2. Reserve soldiers assigned to the reserve military troop; and

（三）经过预备役登记编入基干民兵组织的人员。

(III) Individuals assigned to the primary militia organization through reserve service registration.

第二类士兵预备役包括下列人员：

Category Two of persons in the soldiers' reserve shall include:

（一）经过预备役登记编入普通民兵组织的人员；

1. Individuals assigned to ordinary militia organizations through reserve service registration.

（二）其他经过预备役登记确定服士兵预备役的人员。

(II) Other persons determined as reserve soldiers through reserve service registration.

预备役士兵达到服预备役最高年龄的，退出预备役。

Reserve soldiers that have reached the maximum age for reserve service shall be discharged from such service.

第四章 军官的现役和预备役

Chapter 4. Active Service and Reserve of Military Officers

第二十六条   现役军官由下列人员补充：

Article 26 Officers in active service shall be replenished with the following persons:

（一）选拔优秀士兵和普通高中毕业生入军队院校学习毕业的学员；

1. Cadets who were selected from outstanding soldiers and graduates from ordinary high schools and graduates from military academies;

（二）选拔普通高等学校毕业的国防生和其他应届优秀毕业生；

(II) Selected national defense students who graduate from regular institutions of higher education and other selected outstanding students graduating in the current year;

（三）直接提升具有普通高等学校本科以上学历表现优秀的士兵；

3. Directly promoted outstanding soldiers with a bachelor's degree or above in regular institutions of higher education;

（四）改任现役军官的文职干部；

4. civilian cadres that are changed to officers in active service; and

（五）招收军队以外的专业技术人员和其他人员。

(V) specialized technicians and other persons recruited from outside the Army.

战时根据需要，可以从士兵、征召的预备役军官和非军事部门的人员中直接任命军官。

When needed in times of war, soldiers, enlisted reserve officers, and persons in non-military departments may be directly appointed as active officers.

第二十七条   预备役军官包括下列人员：

Article 27 Reserve officers shall consist of the following:

（一）退出现役转入预备役的军官；

1. officers who have been discharged from active service and transferred to reserve service;

（二）确定服军官预备役的退出现役的士兵；

(II) soldiers who have been discharged from active service and assigned to serve in the officers reserve;

（三）确定服军官预备役的普通高等学校毕业学生；

(III) graduates of regular institutions of higher education assigned to serve in the officers reserve;

（四）确定服军官预备役的专职人民武装干部和民兵干部；

(IV) full-time cadres of the departments of people's armed forces and cadres of the militia assigned to serve in the officers reserve; and

（五）确定服军官预备役的非军事部门的干部和专业技术人员。

(V) cadres and professional and technical personnel of non-military departments assigned to serve in the officers reserve.

第二十八条   军官服现役和服预备役的最高年龄由《中华人民共和国现役军官法》和《中华人民共和国预备役军官法》规定。

Article 28 The maximum age for military officers in active and reserve services shall be stipulated by the Law of the People's Republic of China on Active Duty Officers and the Law of the People's Republic of China on Reserve Officers.

第二十九条   现役军官按照规定服役已满最高年龄的，退出现役；未满最高年龄因特殊情况需要退出现役的，经批准可以退出现役。

Article 29 Officers in active service who have attained the maximum age stipulated for such service shall be discharged from such service; those who have not attained the maximum age but have to be discharged from active service for special reasons may be discharged from such service with approval.

军官退出现役时，符合服预备役条件的，转入军官预备役。

Officers discharged from active service may be transferred to the officers' reserve if they are qualified to serve in it.

第三十条   退出现役转入预备役的军官，退出现役确定服军官预备役的士兵，在到达安置地以后的三十日内，到当地县、自治县、市、市辖区的兵役机关办理预备役军官登记。

Article 30 Officers who have been discharged from active service and transferred to reserve service and soldiers who have been discharged from active service and assigned to serve in the officers reserve shall, within 30 days of their arrival at their places of placement, register as reserve officers with the local military service organs of the counties, autonomous counties, cities or municipal districts.

选拔担任预备役军官职务的专职人民武装干部、民兵干部、普通高等学校毕业生、非军事部门的人员，由工作单位或者户口所在地的县、自治县、市、市辖区的兵役机关报请上级军事机关批准并进行登记，服军官预备役。

For full-time cadres of people's armed forces, cadres of the militia, graduates from regular institutions of higher education and personnel of non-military departments who are selected to serve in the officers' reserve, military service organs of counties, autonomous counties, cities or municipal districts at the locality of their employers or registered residence shall submit the selection to military organs of a higher level for approval and registration, before the said personnel start serving in the officers' reserve.

预备役军官按照规定服预备役已满最高年龄的，退出预备役。

Reserve officers who have attained the maximum age stipulated for reserve service shall be discharged from such service.

第五章 军队院校从青年学生中招收的学员

Chapter 5 Cadets Enrolled in Military Academies from Among Young Students

第三十一条   根据军队建设的需要，军队院校可以从青年学生中招收学员。招收学员的年龄，不受征集服现役年龄的限制。

Article 31 Military academies may, according to needs in building up the armed forces, enroll cadets from among young students. The age limit for the enrollment of cadets shall not be subject to that for the enlistment for active service.

第三十二条   学员完成学业考试合格的，由院校发给毕业证书，按照规定任命为现役军官、文职干部或者士官。

Article 32 Cadets who have completed their studies and passed their examinations shall be given a diploma by the institutes or academies and shall be appointed officers in active service, civilian cadres or sergeants according to relevant regulations.

第三十三条   学员学完规定的科目，考试不合格的，由院校发给结业证书，回入学前户口所在地；就读期间其父母已办理户口迁移手续的，可以回父母现户口所在地，由县、自治县、市、市辖区的人民政府按照国家有关规定接收安置。

Article 33 A cadet who has completed the prescribed courses but failed in the examinations shall be given a certificate of his completion of the courses by the military academy and return to the place of his residence before he enrolled in the military academy; where his parents have transferred their residence to another place during his studies, the cadet may return to the place where his parents' residence is currently located and shall be received by the people's government of the county, autonomous county, city or municipal district concerned according to the relevant provisions of the State.

第三十四条   学员因患慢性病或者其他原因不宜在军队院校继续学习，经批准退学的，由院校发给肄业证书，回入学前户口所在地；就读期间其父母已办理户口迁移手续的，可以回父母现户口所在地，由县、自治县、市、市辖区的人民政府按照国家有关规定接收安置。

Article 34 A cadet who is unfit for continuing his studies at a military academy due to his chronic disease or any other reason and is thus approved to leave school shall be given a certificate by the military academy of the amount of academic work he has done and shall return to the place of his residence before he enrolled in school; if, during his studies at the military academy, his parents have transferred their residence to another place, they may return to the place where their parents' residence is currently located and shall be received by the people's government of the county, autonomous county, city or municipal district concerned according to the relevant provisions of the State.

第三十五条   学员被开除学籍的，回入学前户口所在地；就读期间其父母已办理户口迁移手续的，可以回父母现户口所在地，由县、自治县、市、市辖区的人民政府按照国家有关规定办理。

Article 35 A cadet who is dismissed from the military academy shall return to the place of his or her residence before his or her enrollment; where his or her parents have transferred their residence to another place during his or her studies, the cadet may return to the place where his or her parents' residence is currently located and shall be handled by the people's government of the county, autonomous county, city or municipal district concerned in accordance with the relevant provisions of the State.

第三十六条   军队根据国防建设的需要，可以依托普通高等学校招收、选拔培养国防生。国防生在校学习期间享受国防奖学金待遇，应当参加军事训练、政治教育，履行国防生培养协议规定的其他义务；毕业后应当履行培养协议到军队服现役，按照规定办理入伍手续，任命为现役军官或者文职干部。

Article 36 According to the need to build up the national defense, the army may entrust regular institutions of higher education to enroll, select and train national defense students. While studying at schools, such students may enjoy national defense scholarships, and shall participate in military training and political education and perform other obligations specified in agreements on training national defense students; after graduation, they shall perform active service in the army as agreed in the said agreements, go through formalities for enlistment in accordance with provisions, and be appointed as active military officers or civilian cadres.

国防生在校学习期间，按照有关规定不宜继续作为国防生培养，但符合所在学校普通生培养要求的，经军队有关部门批准，可以转为普通生；被开除学籍或者作退学处理的，由所在学校按照国家有关规定办理。

While studying at schools, national defense students who are unsuitable to be trained in their capacity in accordance with relevant provisions but meet the requirements of their schools to train ordinary students may, upon approval of relevant military departments, change to ordinary students; where such students are dismissed from schools or leave schools, their schools shall handle the cases in accordance with the relevant provisions of the State.

第三十七条   本法第三十二条、第三十三条、第三十四条、第三十五条的规定，也适用于从现役士兵中招收的学员。

Article 37 The provisions of Articles 32 through to Article 35 of this Law shall also apply to cadets enrolled from among soldiers in active service.

第六章 民 兵

Chapter 6 Militia

第三十八条   民兵是不脱产的群众武装组织，是中国人民解放军的助手和后备力量。

Article 38 The militia is an armed organization of the masses not divorced from production and is an assisting and reserve force for the Chinese People's Liberation Army.

民兵的任务是：

The militia's tasks are:

（一）参加社会主义现代化建设；

1. Taking part in socialist modernization;

（二）执行战备勤务，参加防卫作战，抵抗侵略，保卫祖国；

2. Performing duties of war preparations, taking part in defensive military operations, resisting aggression and defending the motherland;

（三）为现役部队补充兵员；

3. Replenishing active forces units; and

（四）协助维护社会秩序，参加抢险救灾。

(IV) Assisting in maintaining social order and participating in emergency rescue and disaster relief.

第三十九条   乡、民族乡、镇、街道和企业事业单位建立民兵组织。凡十八周岁至三十五周岁符合服兵役条件的男性公民，经所在地人民政府兵役机关确定编入民兵组织的，应当参加民兵组织。

Article 39 Militia organizations shall be established in townships, nationality townships, towns, street scenes, enterprises and public institutions. Male citizens aged between 18 and 35 and qualified for military service who are assigned to militia organizations upon confirmation of military service organs under local people's governments shall join militia organizations.

根据需要，可以吸收十八周岁以上的女性公民、三十五周岁以上的男性公民参加民兵组织。

When necessary, female citizens above the age of 18 and male citizens above the age of 35 may be absorbed into militia organizations.

国家发布动员令后，动员范围内的民兵，不得脱离民兵组织；未经所在地的县、自治县、市、市辖区人民政府兵役机关批准，不得离开民兵组织所在地。

Once the State has issued a mobilization order, militiamen covered under the scope of mobilization shall not break away from militia organizations; without the approval of military service organs under the people's governments of counties, autonomous counties, cities and municipal districts, they shall not leave the places where militia organizations are located.

第四十条   民兵组织分为基干民兵组织和普通民兵组织。基干民兵组织是民兵组织的骨干力量，主要由退出现役的士兵以及经过军事训练和选定参加军事训练或者具有专业技术特长的未服过现役的人员组成。基干民兵组织可以在一定区域内从若干单位抽选人员编组。普通民兵组织，由符合服兵役条件未参加基干民兵组织的公民按照地域或者单位编组。

Article 40 Militia organizations are divided into primary militia organizations and ordinary ones. The primary militia organization is the backbone of the militia organization. It is mainly composed of soldiers who have been discharged from active service and those who have not performed active service after having received military training and have been selected for military training or have professional skills. Primary militia organizations may select personnel from a number of units and form groups within certain areas. Ordinary militia organizations shall be regimented, in accordance with areas or units, by citizens that are qualified for military service but have not joined primary militia organizations.

第七章 预备役人员的军事训练

Chapter 7 Military training for reservists

第四十一条   预备役士兵的军事训练，在现役部队、预备役部队、民兵组织中进行，或者采取其他组织形式进行。

Article 41 Military training for reserve soldiers shall be conducted in active forces, reserve forces or militia organizations, or in other organizational forms.

未服过现役预编到现役部队、编入预备役部队和编入基干民兵组织的预备役士兵，在十八周岁至二十四周岁期间，应当参加三十日至四十日的军事训练；其中专业技术兵的训练时间，按照实际需要确定。服过现役和受过军事训练的预备役士兵的复习训练，以及其他预备役士兵的军事训练，按照中央军事委员会的规定进行。

Reserve soldiers who have not performed active service yet but have been pre-assigned to a regular military troop, reserve military troop, or primary militia organization shall receive military training for a period of 30 to 40 days, if they are aged between 18 and 24; the period for training professional and technical soldiers may be determined according to the actual needs. The retraining of reserve soldiers who have performed active service or have received military training and the military training for reserve soldiers shall be conducted in accordance with the provisions of the Central Military Commission.

第四十二条   预备役军官在服预备役期间，应当参加三个月至六个月的军事训练；预编到现役部队和在预备役部队任职的，参加军事训练的时间可以适当延长。

Article 42 Reserve officers shall receive military training for three to six months during the period of their reserve service. Where they are pre-assigned to the regular military troop and serve in the reserve troop, the time of military training may be extended appropriately.

第四十三条   国务院和中央军事委员会在必要的时候，可以决定预备役人员参加应急训练。

Article 43 The State Council and the Central Military Commission may, when necessary, decide that the reservists shall participate in emergency training.

第四十四条   预备役人员参加军事训练、执行军事勤务的伙食、交通等补助费用按照国家有关规定执行。预备役人员是机关、团体、企业事业单位工作人员或者职工的，参加军事训练、执行军事勤务期间，其所在单位应当保持其原有的工资、奖金和福利待遇；其他预备役人员参加军事训练、执行军事勤务的误工补贴按照国家有关规定执行。

Article 44 Allowances paid to reservists participating in military training and performing military support services for the board expenses and traveling charges shall be granted in accordance with the relevant provisions of the State. Where reservists are functionaries or employees of government sectors, public organizations, enterprises and public institutions, their present units shall maintain their original salaries, bonuses and welfare benefits during the period when they are participating in military training and performing military support services; subsidies for loss of work hours paid to other reservists participating in military training and performing military support services shall be granted in accordance with the relevant provisions of the State.

第八章 普通高等学校和普通高中学生的军事训练

Chapter 8 Military Training of Students in Regular Institutions of Higher Education and Regular High Schools

第四十五条   普通高等学校的学生在就学期间，必须接受基本军事训练。

Article 45 Students of regular institutions of higher learning must receive basic military training during the period of their schooling.

根据国防建设的需要，对适合担任军官职务的学生，再进行短期集中训练，考核合格的，经军事机关批准，服军官预备役。

To meet the needs of national defence, additional short-term, concentrated training shall be given to students fit for the posts of officers, and those who are considered as qualified after assessment shall serve in the officers reserve upon approval by military organs.

第四十六条   普通高等学校设军事训练机构，配备军事教员，组织实施学生的军事训练。

Article 46 Offices in charge of military training shall be set up and military instructors provided in regular institutions of higher education to organize and conduct the military training of the students.

第四十五条第二款规定的培养预备役军官的短期集中训练，由军事部门派出现役军官与普通高等学校军事训练机构共同组织实施。

The short-term, concentrated training for promoting people as reserve officers prescribed in paragraph 2 of Article 45 shall be organized and conducted jointly by officers in active service sent from military departments and the offices in charge of military training in the regular institutions of higher education.

第四十七条   普通高中和中等职业学校，配备军事教员，对学生实施军事训练。

Article 47 Ordinary high schools and secondary vocational schools shall be staffed by military instructors to conduct military training for the students.

第四十八条   普通高等学校和普通高中学生的军事训练，由教育部、国防部负责。教育部门和军事部门设学生军事训练的工作机构或者配备专人，承办学生军事训练工作。

Article 48 The Ministry of Education and the Ministry of National Defense shall be in charge of the military training given to students in regular institutions and ordinary high schools. Educational departments and military departments shall set up agencies or appoint full-time personnel to handle matters concerning the military training of students.

第九章 战时兵员动员

Chapter 9 Mobilization of Troops in Wartime

第四十九条   为了对付敌人的突然袭击，抵抗侵略，各级人民政府、各级军事机关，在平时必须做好战时兵员动员的准备工作。

Article 49 In order to cope with an enemy's surprise attack and resist aggression, people's governments and military organs at all levels must, in peacetime, make preparations for the mobilization of troops in wartime.

第五十条   在国家发布动员令以后，各级人民政府、各级军事机关，必须迅速实施动员：

Article 50 Upon the issuance of a mobilization order by the state, people's governments and military organs at all levels must promptly carry out mobilization:

（一）现役军人停止退出现役，休假、探亲的军人必须立即归队；

1. Active servicemen must not be discharged from active service, and those on vacation or on home leave must immediately return to their respective units.

（二）预备役人员、国防生随时准备应召服现役，在接到通知后，必须准时到指定的地点报到；

(II) Reservists or national defense students must be prepared at any time to be called into active service and, once they are notified, must punctually report at the designated places.

（三）机关、团体、企业事业单位和乡、民族乡、镇的人民政府负责人，必须组织本单位被征召的预备役人员，按照规定的时间、地点报到；

(III) Responsible persons of government organs, public organizations, enterprises and institutions and of the people's governments of townships, nationality townships, and towns must see to it that the reservists in their respective units who have been called up report at the designated places on time.

（四）交通运输部门应当优先运送应召的预备役人员、国防生和返回部队的现役军人。

(IV) Transportation departments must transport reservists who have been called up, national defense students and active servicemen returning to their units in the armed forces first.

第五十一条   战时根据需要，国务院和中央军事委员会可以决定征召三十六周岁至四十五周岁的男性公民服现役，可以决定延长公民服现役的期限。

Article 51 In wartime, the State Council and the Central Military Commission may decide to call up male citizens at the age from 36 to 45 for active service if necessary, and may decide to extend their term of active service.

第五十二条   战争结束后，需要复员的现役军人，根据国务院和中央军事委员会的复员命令，分期分批地退出现役，由各级人民政府妥善安置。

Article 52 When the war is over, active servicemen to be demobilized shall be discharged from active service in staggered groups in accordance with the demobilization order issued by the State Council and the Central Military Commission, and shall be properly placed by the people's governments at various levels.

第十章 现役军人的待遇和退出现役的安置

CHAPTER 10 TREATMENT OF ACTIVE SERVICEMEN AND PLACEMENT OF EX-SERVICEMEN

第五十三条   国家保障现役军人享有与其履行职责相适应的待遇。现役军人的待遇应当与国民经济发展相协调，与社会进步相适应。

Article 53 The State shall guarantee that active servicemen enjoy benefits corresponding to their duties. Benefits of active servicemen shall be coordinated with national economic development and adapted to social progress.

军官实行职务军衔等级工资制，士官实行军衔级别工资制，义务兵享受供给制生活待遇。现役军人享受规定的津贴、补贴和奖励工资。国家建立军人工资的正常增长机制。

The system of wages based on posts and military ranks shall apply to officers, and the system of wages based on military ranks shall apply to sergeants, and the free supply system shall apply to conscripts. Active servicemen may enjoy prescribed allowances, subsidies and bonus wages. The State shall establish a mechanism of increasing servicemen's wages normally.

现役军人享受规定的休假、疗养、医疗、住房等福利待遇。国家根据经济社会发展水平提高现役军人的福利待遇。

Active servicemen shall be entitled to prescribed benefits such as holidays, rehabilitation, medical treatment and housing. The State shall improve such benefits for active servicemen depending on the level of economic and social development.

国家实行军人保险制度，与社会保险制度相衔接。军人服现役期间，享受规定的军人保险待遇。军人退出现役后，按照国家有关规定接续养老、医疗、失业等社会保险关系，享受相应的社会保险待遇。现役军人配偶随军未就业期间，按照国家有关规定享受相应的保障待遇。

The State shall run the system of servicemen insurance which is connected with the social insurance regime. Servicemen shall be entitled to prescribed servicemen insurance benefits during their active service. After servicemen are discharged from active service, their social insurance relations in respect of endowment, medical treatment and unemployment shall be continued in accordance with the relevant provisions of the State, and they shall enjoy social insurance benefits accordingly. Unemployed spouses of active servicemen that accompany the army shall enjoy corresponding benefits in accordance with the relevant provisions of the State.

第五十四条   国家建立健全以扶持就业为主，自主就业、安排工作、退休、供养以及继续完成学业等多种方式相结合的士兵退出现役安置制度。

Article 54 The State shall establish and improve a system of settling soldiers discharged from active service through providing employment support as the primary method and also adopting other multiple methods, such as independent employment, job placement, retirement, support and continuing studies.

第五十五条   现役军人入伍前已被普通高等学校录取或者是正在普通高等学校就学的学生，服役期间保留入学资格或者学籍，退出现役后两年内允许入学或者复学，并按照国家有关规定享受奖学金、助学金和减免学费等优待；入学或者复学后参加国防生选拔、参加国家组织的农村基层服务项目人选选拔，以及毕业后参加军官人选选拔的，优先录取。

Article 55 Active servicemen who have been enrolled by regular institutions of higher education or are students of regular institutions of higher education before joining the army shall retain their admission qualifications or school roll during their service, be allowed to be enrolled or resume their studies within two years after being discharged from active service, and enjoy preferential treatment, such as scholarships, grant-in-aid and tuition reduction or exemption, in accordance with the relevant provisions of the State; and those who participate in selection of national defense students and candidates for rural grass-roots service projects organized by the State after being enrolled or reenrolled shall be given priority in enrollment.

义务兵和服现役不满十二年的士官入伍前是机关、团体、企业事业单位工作人员或者职工的，服役期间保留人事关系或者劳动关系；退出现役后可以选择复职复工。

Where conscripts and sergeants who have performed active service for less than 12 years were functionaries or employees of government sectors, public organizations, enterprises and public institutions prior to their enlistment, their personnel relations or labor relations shall be retained during their service; and they may choose to resume their posts and work after being discharged from active service.

义务兵和士官服现役期间，入伍前依法取得的农村土地承包经营权，应当保留。

Rural land contractual management rights legally obtained by conscripts and sergeants prior to their enlistment shall be retained during their service.

第五十六条   现役军人，残疾军人，退出现役军人，烈士、因公牺牲、病故军人遗属，现役军人家属，应当受到社会的尊重，受到国家和社会的优待。军官、士官的家属随军、就业、工作调动以及子女教育，享受国家和社会的优待。

Article 56 Active servicemen, disabled servicemen, ex-servicemen, family members of martyrs or of servicemen who sacrificed in action or died of diseases, and family members of active servicemen shall be esteemed by the general public and given preferential treatment by the State and the general public. Preferential treatment shall be granted by the State and the masses to family members of officers and sergeants in respect of their company with the officers, employment, transfer to other jobs, and children's education.

第五十七条   现役军人因战、因公、因病致残的，按照国家规定评定残疾等级，发给残疾军人证，享受国家规定的待遇和残疾抚恤金。因工作需要继续服现役的残疾军人，由所在部队按照规定发给残疾抚恤金。

Article 57 Active servicemen who become disabled while participating in wars, performing duties or due to relevant diseases shall be graded for their disability with the certificate for disabled servicemen in accordance with the provisions of the State, and enjoy benefits and disability pensions prescribed by the State. For disabled servicemen who will continue performing active service due to work needs, their military units shall grant disability pensions in accordance with provisions.

现役军人因战、因公、因病致残的，按照国家规定的评定残疾等级采取安排工作、供养、退休等方式妥善安置。有劳动能力的退出现役的残疾军人，优先享受国家规定的残疾人就业优惠政策。

Active servicemen who become disabled while participating in wars, performing duties or due to relevant diseases shall be properly placed by means of job placement, support and retirement in accordance with the disability degree as graded by the State. Disabled servicemen with work ability shall, after being discharged from active service, be preferentially entitled to employment policies launched by the State for the disabled.

残疾军人、患慢性病的军人退出现役后，由安置地的县级以上地方人民政府按照国务院、中央军事委员会的有关规定负责接收安置；其中，患过慢性病旧病复发需要治疗的，由当地医疗机构负责给予治疗，所需医疗和生活费用，本人经济困难的，按照国家规定给予补助。

Disabled servicemen and servicemen who suffer from chronic diseases shall, after being discharged from active service, be received and placed by the local people's governments at or above the county level in places of placement in accordance with the relevant provisions of the State Council and the Central Military Commission; those in need of medical treatment due to the recurrence of chronic diseases shall be treated by local medical institutions, and subsidies shall be granted in accordance with the provisions of the State, provided that they cannot afford the required medical and living expenses due to their financial constraints.

现役军人、残疾军人参观游览公园、博物馆、展览馆、名胜古迹享受优待；优先购票乘坐境内运行的火车、轮船、长途汽车以及民航班机；其中，残疾军人按照规定享受减收正常票价的优待，免费乘坐市内公共汽车、电车和轨道交通工具。义务兵从部队发出的平信，免费邮递。

Active and disabled servicemen shall enjoy preferential treatment in visiting parks, museums, exhibition halls and scenic spots and historical sites, and priority in buying tickets to take trains, ships, long-distance buses and civil airplanes running or flying within the territory of China; in particular, disabled servicemen shall, in accordance with the relevant provisions, enjoy ticket discounts, and take urban buses, trolley buses and means of rail transit free of charge. Ordinary mail sent by conscripts from the army is free of charge.

第五十八条   义务兵服现役期间，其家庭由当地人民政府给予优待，优待标准不低于当地平均生活水平，具体办法由省、自治区、直辖市人民政府规定。

Article 58 During the period when conscripts are in active service, preferential treatment shall be granted by the local people's governments to their families at a standard not lower than the local average living standard. Specific measures shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

第五十九条   现役军人牺牲、病故，由国家发给其遗属一次性抚恤金；其遗属无固定收入，不能维持生活，或者符合国家规定的其他条件的，由国家另行发给定期抚恤金。

Article 59 A pension shall be granted by the State on a lump sum basis to the family dependents of an active serviceman who has sacrificed himself in action or died of a disease. If the family dependents cannot maintain their livelihood in that they have no regular income, or other conditions stipulated by the State are satisfied, additional pensions shall be granted by the State on a regular basis.

第六十条   义务兵退出现役，按照国家规定发给退役金，由安置地的县级以上地方人民政府接收，根据当地的实际情况，可以发给经济补助。

Article 60 Conscripts discharged from active service shall receive discharge pay in accordance with the provisions of the State, be received by local people's governments at or above the county level in places of placement, and receive economic subsidies according to local actualities.

义务兵退出现役，安置地的县级以上地方人民政府应当组织其免费参加职业教育、技能培训，经考试考核合格的，发给相应的学历证书、职业资格证书并推荐就业。退出现役义务兵就业享受国家扶持优惠政策。

The local people's governments at or above the county level in the places of placement shall arrange with conscripts discharged from active service to attend vocational education and skill training free of charge, issue corresponding diplomas and vocational qualification certificates after they are qualified through examinations and assessment, and recommend them for employment. Conscripts discharged from active service shall enjoy the preferential support policies of the State.

义务兵退出现役，可以免试进入中等职业学校学习；报考普通高等学校以及接受成人教育的，享受加分以及其他优惠政策；在国家规定的年限内考入普通高等学校或者进入中等职业学校学习的，享受国家发给的助学金。

Conscripts discharged from active service may enter secondary vocational schools without taking examinations; where such conscripts register for the examination for regular institutions of higher education or receive continuing education, they shall enjoy awarded marks and other preferential policies; where such conscripts are enrolled in regular institutions of higher education or secondary vocational schools within the years prescribed by the State, they shall enjoy grants -in-aid from the State.

义务兵退出现役，报考公务员、应聘事业单位职位的，在军队服现役经历视为基层工作经历，同等条件下应当优先录用或者聘用。

Where conscripts discharged from active service register for the examination for public servants or seek employment in public institutions, their experience of performing active service shall be deemed to be grass-roots work experience, and they shall be hired or recruited first under the same conditions.

服现役期间平时荣获二等功以上奖励或者战时荣获三等功以上奖励以及属于烈士子女和因战致残被评定为五级至八级残疾等级的义务兵退出现役，由安置地的县级以上地方人民政府安排工作；待安排工作期间由当地人民政府按照国家有关规定发给生活补助费；本人自愿选择自主就业的，依照本条第一款至第四款规定办理。

For conscripts discharged from active service who won awards of or above second-class merit in peacetime while performing active service or won awards of or above third-class merit in wartime, or are children of martyrs, or were disabled while taking part in wars and graded as having fifth to eighth disability, local people's governments at or above the county level in places of placement shall arrange jobs for them; while waiting for job placements, such conscripts shall receive living allowances paid by local people's governments in accordance with the relevant provisions of the State; where such conscripts voluntarily opt to seek employment on their own, Paragraphs 1 through to Paragraph 4 of this Article shall apply.

国家根据经济社会发展水平，适时调整退役金的标准。退出现役士兵安置所需经费，由中央和地方各级人民政府共同负担。

The State shall adjust the criteria for discharge pay depending on the level of economic and social development. Funds necessary for the placement of soldiers discharged from active service shall be jointly borne by the Central Government and local people's governments at all levels.

第六十一条   士官退出现役，服现役不满十二年的，依照本法第六十条规定的办法安置。

Article 61 Where sergeants discharged from active service have performed active service for less than 12 years, the provisions of Article 60 herein shall apply.

士官退出现役，服现役满十二年的，由安置地的县级以上地方人民政府安排工作；待安排工作期间由当地人民政府按照国家有关规定发给生活补助费；本人自愿选择自主就业的，依照本法第六十条第一款至第四款的规定办理。

Where sergeants discharged from active service have performed active service for 12 years or above, the local people's governments at or above the county level in places of placement shall arrange jobs for them; while waiting for job placements, such sergeants shall receive living allowances paid by local people's governments in accordance with the relevant provisions of the State; where such conscripts voluntarily opt to seek employment on their own, Paragraphs 1 through to Paragraph 4 of this Article shall apply.

士官服现役满三十年或者年满五十五周岁的，作退休安置。

Sergeants who have performed active service for 30 years or above or have reached 55 years old shall be placed by means of retirement.

士官在服现役期间因战、因公、因病致残丧失工作能力的，按照国家有关规定安置。

Sergeants who became disabled and lost their work ability as a result of participation in wars, performance of military duties or diseases during their service shall be placed in accordance with the relevant provisions of the State.

第六十二条   士兵退出现役安置的具体办法由国务院、中央军事委员会规定。

Article 62 Specific measures for placing soldiers discharged from active service shall be formulated by the State Council and the Central Military Commission.

第六十三条   军官退出现役，国家采取转业、复员、退休等办法予以妥善安置。作转业安置的，按照有关规定实行计划分配和自主择业相结合的方式安置；作复员安置的，按照有关规定由安置地人民政府接收安置，享受有关就业优惠政策；符合退休条件的，退出现役后按照有关规定作退休安置。

Article 63 Military officers discharged from active service shall be properly placed by the State by means of transfer to civilian work, demobilization and retirement. Those who are placed by means of transfer to civilian work shall be placed by means of planned distribution combined with job selection in accordance with the relevant provisions; those who are placed by means of demobilization shall be placed by the people's governments in places of placement in accordance with the relevant provisions and enjoy relevant preferential employment policies; those who meet the conditions for retirement shall, after being discharged from active service, be placed by means of retirement in accordance with the relevant provisions.

军官在服现役期间因战、因公、因病致残丧失工作能力的，按照国家有关规定安置。

Military officers that became disabled and lost their work ability as a result of participation in wars, performance of military duties or diseases during their service shall be placed in accordance with the relevant provisions of the State.

第六十四条   机关、团体、企业事业单位有接收安置退出现役军人的义务，在招收录用工作人员或者聘用职工时，同等条件下应当优先招收录用退出现役军人；对依照本法第六十条、第六十一条、第六十三条规定安排工作的退出现役军人，应当按照国家安置任务和要求做好落实工作。

Article 64 Government sectors, public organizations, enterprises and public institutions shall be obligated to receive and place servicemen discharged from active service, and preferentially recruit such servicemen under the same conditions when recruiting functionaries or employees; for servicemen discharged from active service who are placed in accordance with Articles 60, Article 61 and Article 63 herein, placement work shall be fulfilled in accordance with the placement tasks assigned by the State and relevant requirements.

军人服现役年限计算为工龄，退出现役后与所在单位工作年限累计计算。

The years of active service performed by servicemen shall be included in the years of working for their current units after they have been discharged from active service.

国家鼓励和支持机关、团体、企业事业单位接收安置退出现役军人。接收安置单位按照国家规定享受税收优惠等政策。

The State shall encourage and support government sectors, public organizations, enterprises and public institutions to receive and place servicemen discharged from active service. Units receiving and placing the said servicemen shall enjoy preferential taxes and other preferential policies in accordance with the provisions of the State.

第六十五条   民兵、预备役人员因参战、参加军事训练、执行军事勤务牺牲、致残的，学生因参加军事训练牺牲、致残的，由当地人民政府依照军人抚恤优待条例的有关规定给予抚恤优待。

Article 65 Where militiamen or reservists sacrificed themselves or were disabled while taking part in wars or military training, or performing military services, or students died or were disabled while taking part in military training, pensions and preferential treatment shall be granted by local people's governments in accordance with the regulations on pensions and preferential treatment for servicemen.

第十一章 法律责任

Chapter 11 Legal Liabilities

第六十六条   有服兵役义务的公民有下列行为之一的，由县级人民政府责令限期改正；逾期不改的，由县级人民政府强制其履行兵役义务，并可以处以罚款：

Article 66 If a citizen who has the duty to perform military service commits any of the following acts, he shall be ordered by the people's government at the county level to make amends within a time limit; if he fails to do so, he shall be compelled to fulfil his duty of military service and may also be fined by the said government:

（一）拒绝、逃避兵役登记和体格检查的；

1. refusing to register for military service or evading such registration, or refusing to take physical examination or evading such examination;

（二）应征公民拒绝、逃避征集的；

2. refusing to be enlisted or evading enlistment if he is eligible for enlistment; or

（三）预备役人员拒绝、逃避参加军事训练、执行军事勤务和征召的。

(III) Reservists refuse or evade military training or military duties or refuse to be enlisted.

有前款第二项行为，拒不改正的，不得录用为公务员或者参照公务员法管理的工作人员，两年内不得出国（境）或者升学。

Any citizen who commits any of the acts mentioned in Item 2 of the preceding paragraph and refuses to effect rectification shall not be recruited as a public servant or a functionary managed with reference to the Public Servant Law, and shall not be allowed to go abroad or enter a higher school within two years.

国防生违反培养协议规定，不履行相应义务的，依法承担违约责任，根据情节，由所在学校作退学等处理；毕业后拒绝服现役的，依法承担违约责任，并依照本条第二款的规定处理。

Where national defense students, in violation of the provisions of the agreements on training national defense students, fail to perform the corresponding obligations, they shall assume default liabilities in accordance with the law and be ordered to leave school as the case may be; where they refuse to perform active service after graduation, they shall assume default liabilities in accordance with the law and be punished in accordance with Paragraph 2 of this Article.

战时有本条第一款第二项、第三项或者第三款行为，构成犯罪的，依法追究刑事责任。

Where a citizen commits any act specified in Item 2 and Item 3 of Paragraph 1 or in Paragraph 3 herein in wartime and a crime is constituted, he or she shall be investigated for criminal liability according to the law.

第六十七条   现役军人以逃避服兵役为目的，拒绝履行职责或者逃离部队的，按照中央军事委员会的规定给予处分；构成犯罪的，依法追究刑事责任。

Article 67 Any active serviceman who refuses to perform his duties or deserts the armed forces in order to evade military service shall be punished in accordance with the regulations of the Central Military Commission; if a crime is constituted, he or she shall be investigated for criminal liability in accordance with the law.

现役军人有前款行为被军队除名、开除军籍或者被依法追究刑事责任的，不得录用为公务员或者参照公务员法管理的工作人员，两年内不得出国（境）或者升学。

Any active serviceman who is removed from rolls by the army, discharged from the army or investigated for criminal liability in accordance with the law as a result of any act mentioned in the preceding paragraph shall not be recruited as a public servant or a functionary managed with reference to the Public Servant Law, and shall not be allowed to go abroad or enter a higher school within two years.

明知是逃离部队的军人而雇用的，由县级人民政府责令改正，并处以罚款；构成犯罪的，依法追究刑事责任。

Any person who knowingly employs an individual who has deserted the armed forces shall be ordered to set it right and be fined by a people's government at the county level; if the case constitutes a crime, the offender shall be investigated for criminal responsibility according to law.

第六十八条   机关、团体、企业事业单位拒绝完成本法规定的兵役工作任务的，阻挠公民履行兵役义务的，拒绝接收、安置退出现役军人的，或者有其他妨害兵役工作行为的，由县级以上地方人民政府责令改正，并可以处以罚款；对单位负有责任的领导人员、直接负责的主管人员和其他直接责任人员，依法予以处罚。

Article 68 Any government department, public organization, enterprise or institution that refuses to carry out military service work prescribed in this Law, obstructs any citizen's performance of his duty of military service, refuses to accept or place servicemen who are discharged from active service, or commits any other act impeding military service work shall be ordered to set it right and may also be fined by the local people's government at or above the county level; the leading persons directly in charge and the other persons directly responsible for the unit shall be punished according to law.

第六十九条   扰乱兵役工作秩序，或者阻碍兵役工作人员依法执行职务的，依照治安管理处罚法的规定给予处罚；使用暴力、威胁方法，构成犯罪的，依法追究刑事责任。

Article 69 Any person who disrupts the order of military service work or obstructs military service workers from performing their duties according to law shall be punished in accordance with the provisions of the Law on Administrative Penalties for Public Security; if he resorts to violence or threat and if the case constitutes a crime, he shall be investigated for criminal responsibility according to law.

第七十条   国家工作人员和军人在兵役工作中，有下列行为之一，构成犯罪的，依法追究刑事责任；尚不构成犯罪的，给予处分：

Article 70 Any State functionary or armyman who, in military service work, commits any of the following acts, if the case is serious enough to constitute a crime, shall be investigated for criminal liability according to law; if the case is not serious enough to constitute a crime, he shall be given administrative sanction:

（一）收受贿赂的；

1. taking bribes;

（二）滥用职权或者玩忽职守的；

(II) abusing his power or neglecting his duty; or

（三）徇私舞弊，接送不合格兵员的。

(III) Engaging in malpractices for personal gain in accepting or sending unqualified recruits.

第七十一条   县级以上地方人民政府对违反本法的单位和个人的处罚，由县级以上地方人民政府兵役机关会同行政监察、公安、民政、卫生、教育、人力资源和社会保障等部门具体办理。

Article 71 Military service organs of the local people's governments at or above the county level shall, in conjunction with departments of administrative supervision, public security, civil affairs, health, education, human resources and social security, impose specific punishments on units and individuals who violate this Law.

第十二章附 则

Chapter 12 Supplementary Provisions

第七十二条   本法适用于中国人民武装警察部队。

Article 72 This Law shall apply to the Chinese People's Armed Police Force.

第七十三条   中国人民解放军根据需要配备文职干部。本法有关军官的规定适用于文职干部。

Article 73 The Chinese People's Liberation Army shall, when necessary, provide itself with civilian cadres. The provisions of this Law regarding officers shall be applicable to civilian cadres.

第七十四条   本法自１９８４年１０月１日起施行。

Article 74 This Law shall go into effect on October 1, 1984.