法律文本

中國人民解放軍軍官軍銜條例(1994修訂)

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

主席令第二十六號

Presidential Decree No. 26

（１９８８年７月１日第七屆全國人民代表大會常務委員會第二次會議通過 根據１９９４年５月１２日第八屆全國人民代表大會常務委員會第七次會議《關於修改的決定》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 總則

Chapter 1 General Provisions

第一條   根據《中華人民共和國憲法》和《中華人民共和國兵役法》的有關規定，制定本條例。

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.

第二條   為加強中國人民解放軍的革命化、現代化、正規化建設，有利於軍隊的指揮和管理，增強軍官的責任心和榮譽感，實行軍官軍銜制度。

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.

第三條   軍官軍銜是區分軍官等級 、表明軍官身份的稱號 、標志和國家給予軍官的榮譽。

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.

第四條   軍官軍銜按照軍官的服役性質分為現役軍官軍銜和預備役軍官軍銜。

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.

第五條   軍銜高的軍官對軍銜低的軍官，軍銜高的為上級。當軍銜高的軍官在職務上隸屬於軍銜低的軍官時，職務高的為上級。

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.

第六條   現役軍官轉入預備役的，在其軍銜前冠以“預備役”。現役軍官退役的，其軍銜予以保留，在其軍銜前冠以“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 現役軍官軍銜等級的設置

Chapter 2 Military Ranks of Officers in Active Service

第七條   軍官軍銜設下列三等十級：

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

（一）將官：上將、中將、少將；

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.

第八條   軍官軍銜依照下列規定區分：

Article 8 Officers' ranks shall be differentiated as follows:

（一）軍事、政治、後勤軍官：上將、中將、少將，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.

海軍、空軍軍官在軍銜前分別冠以“海軍”、“空軍”。

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

（二）專業技術軍官：中將、少將，大校、上校、中校、少校，上尉、中尉、少尉。在軍銜前冠以“專業技術”。

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 現役軍官職務等級編制軍銜

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

第九條   人民解放軍實行軍官職務等級編制軍銜。

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

第十條   中華人民共和國中央軍事委員會領導全國武裝力量。中央軍事委員會實行主席負責制。中央軍事委員會主席不授予軍銜；

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.

中央軍事委員會副主席的職務等級編制軍銜為上將。

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

中央軍事委員會委員的職務等級編制軍銜為上將。

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

第十一條   軍事、政治、後勤軍官實行下列職務等級編制軍銜：

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

人民解放軍總參謀長、總政治部主任：上將；

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

正大軍區職：上將、中將；

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

副大軍區職：中將、少將；

Deputy Major Military Command: Lieutenant General, Major General;

正軍職：少將、中將；

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

副軍職：少將、大校；

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

正師職：大校、少將；

Division: Senior Colonel, Major General;

副師職（正旅職）：上校、大校；

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

正團職（副旅職）：上校、中校；

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

副團職：中校、少校；

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

正營職：少校、中校；

Officers at the level of Major or Lieutenant Colonel;

副營職：上尉、少校；

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

正連職：上尉、中尉；

Title of Company Commander: Captain or Lieutenant;

副連職：中尉、上尉；

Position of deputy company commander: Lieutenant or Captain;

排職：少尉、中尉。

Platoon: Second Lieutenant, Lieutenant.

第十二條   專業技術軍官實行下列職務等級編制軍銜：

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

高級專業技術職務：中將至少校；

Senior specialized technical officer: from lieutenant general to major;

中級專業技術職務：大校至上尉；

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

初級專業技術職務：中校至少尉。

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

第四章 現役軍官軍銜的首次授予

Chapter 4 Initial Conferment of Ranks on Officers in Active Service

第十三條   軍官軍銜按照軍官職務等級編制軍銜授予。

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

第十四條   授予軍官軍銜以軍官所任職務、德才表現、工作實績、對革命事業的貢獻和在軍隊中服役的經曆為依據。

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.

第十五條   初任軍官職務的人員依照下列規定首次授予軍銜：

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

（一）軍隊中等專業學校畢業的，授予少尉軍銜；

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

大學專科畢業的，授予少尉軍銜，可以按照人民解放軍總政治部的有關規定授予中尉軍銜；

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;

大學本科畢業的，授予中尉軍銜，可以按照人民解放軍總政治部的有關規定授予少尉軍銜；

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;

獲得碩士學位的，授予上尉軍銜，可以按照人民解放軍總政治部的有關規定授予中尉軍銜；研究生班畢業，未獲得碩士學位的，授予中尉軍銜；

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;

獲得博士學位的，授予少校軍銜，可以按照人民解放軍總政治部的有關規定授予上尉軍銜。

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）戰時士兵被任命為軍官職務的，按照軍官職務等級編制軍銜，授予相應的軍銜。

(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）軍隊文職幹部和非軍事部門的人員被任命為軍官職務的，按照軍官職務等級編制軍銜，授予相應的軍銜。

(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.

第十六條   首次授予軍官軍銜，依照下列規定的權限予以批準：

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

（一）上將、中將、少將、大校、上校，由中央軍事委員會主席批準授予；

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，由人民解放軍各總部、大軍區、軍兵種或者其他相當於大軍區級單位的正職首長批準授予；

(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，由集團軍或者其他有軍官職務任免權的軍級單位的正職首長批準授予。

(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 現役軍官軍銜的晉級

Chapter 5 Promotion of the Ranks of Officers in Active Service

第十七條   軍官軍銜按照下列期限晉級：

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

（一）平時軍官軍銜晉級的期限：少尉晉升中尉，大學專科以上畢業的為二年，其他為三年；中尉晉升上尉、上尉晉升少校、少校晉升中校、中校晉升上校、上校晉升大校各為四年；大校以上軍銜晉級為選升，以軍官所任職務、德才表現和對國防建設的貢獻為依據。

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）戰時軍官軍銜晉級的期限可以縮短，具體辦法由中央軍事委員會根據戰時情況規定。

(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.

軍官在院校學習的時間，計算在軍銜晉級的期限內。

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.

第十八條   軍官軍銜一般應當按照規定的期限逐級晉升。

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

第十九條   軍官軍銜晉級的期限屆滿，因違犯軍紀，按照中央軍事委員會的有關規定不夠晉級條件的，延期晉級或者退出現役。

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.

第二十條   軍官由於職務提升，其軍銜低於新任職務等級編制軍銜的最低軍銜的，提前晉升至新任職務等級編制軍銜的最低軍銜。

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.

第二十一條   軍官在作戰或者工作中建立突出功績的，其軍銜可以提前晉級。

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

第二十二條   被決定任命為中央軍事委員會副主席、委員職務的軍官晉升為上將的，由中央軍事委員會主席授予上將軍銜。

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.

第二十三條   本法第二十二條規定以外的軍官軍銜的晉級，按照軍官職務的任免權限批準。但是，下列軍官軍銜晉級，按照以下規定批準：

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）副師職（正旅職）軍官晉升為大校的，專業技術軍官晉升為大校、少將、中將的，由中央軍事委員會主席批準；

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）專業技術軍官晉升為上校的，由人民解放軍各總部、大軍區、軍兵種或者其他相當於大軍區級單位的正職首長批準；

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）副營職軍官晉升為少校的，專業技術軍官晉升為少校、中校的，由集團軍或者其他有軍官職務任免權的軍級單位的正職首長批準。

(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 現役軍官軍銜的降級、取消和剝奪

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

第二十四條   軍官因不勝任現任職務被調任下級職務，其軍銜高於新任職務等級編制軍銜的最高軍銜的，應當調整至新任職務等級編制軍銜的最高軍銜。調整軍銜的批準權限與其原軍銜的批準權限相同。

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.

第二十五條   軍官違犯軍紀的，按照中央軍事委員會的有關規定，可以給予軍銜降級處分。軍銜降級的批準權限與首次批準授予該級軍銜的權限相同。

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.

軍官軍銜降級不適用於少尉軍官。

Demotion is not applicable to second lieutenants.

第二十六條   軍官軍銜降級的，其軍銜晉級的期限按照降級後的軍銜等級重新計算。

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.

軍官受軍銜降級處分後，對所犯錯誤已經改正並在作戰或者工作中有顯著成績的，其軍銜晉級的期限可以縮短。

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.

第二十七條   對撤銷軍官職務並取消軍官身份的人員，取消其軍官軍銜。取消軍官軍銜的批準權限與首次批準授予該級軍銜的權限相同。

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.

軍官被開除軍籍的，取消其軍銜。取消軍銜的批準權限與批準開除軍籍的權限相同。

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.

第二十八條   軍官犯罪，被依法判處剝奪政治權利或者三年以上有期徒刑的，由法院判決剝奪其軍銜。

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.

退役軍官犯罪的，依照前款規定剝奪其軍銜。

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

軍官犯罪被剝奪軍銜，在服刑期滿後，需要在軍隊中服役並授予軍官軍銜的，依照本條例第十六條的規定辦理。

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 現役軍官軍銜的標志和佩帶

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

第二十九條   軍官軍銜的肩章、符號式樣和佩帶辦法，由中央軍事委員會頒布。

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

第三十條   軍官佩帶的肩章、符號必須與其軍銜相符。

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

第八章 附則

Chapter 8 Supplementary Provisions

第三十一條   預備役軍官軍銜制度，另行規定。

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

第三十二條   士兵軍銜制度，由國務院和中央軍事委員會規定。

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

第三十三條   中國人民武裝警察部隊實行警銜制度，具體辦法由國務院和中央軍事委員會規定。

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.

第三十四條   人民解放軍總參謀部、總政治部根據本條例制定實施辦法，報中央軍事委員會批準後施行。

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.

第三十五條   本條例自公布之日起施行。

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