法律文本

中華人民共和國兵役法（2011修正）

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

（１９８４年５月３１日第六屆全國人民代表大會第二次會議通過１９８４年５月３１日中華人民共和國主席令第十四號公布根據１９９８年１２月２９日第九屆全國人民代表大會常務委員會第六次會議《關於修改〈中華人民共和國兵役法〉的決定》第一次修正根據２００９年８月２７日第十一屆全國人民代表大會常務委員會第十次會議《關於修改部分法律的決定》第二次修正根據２０１１年１０月２９日第十一屆全國人民代表大會常務委員會第二十三次會議《關於修改〈中華人民共和國兵役法〉的決定》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 總 則

Chapter 1 General Provisions

第一條   根據中華人民共和國憲法第五十五條“保衛祖國、抵抗侵略是中華人民共和國每一個公民的神聖職責。依照法律服兵役和參加民兵組織是中華人民共和國公民的光榮義務”和其他有關條款的規定，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.

第二條   中華人民共和國實行義務兵與志願兵相結合、民兵與預備役相結合的兵役制度。

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.

第三條   中華人民共和國公民，不分民族、種族、職業、家庭出身、宗教信仰和教育程度，都有義務依照本法的規定服兵役。

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.

有嚴重生理缺陷或者嚴重殘疾不適合服兵役的人，免服兵役。

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

依照法律被剝奪政治權利的人，不得服兵役。

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

第四條   中華人民共和國的武裝力量，由中國人民解放軍、中國人民武裝警察部隊和民兵組成。

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.

第五條   兵役分為現役和預備役。在中國人民解放軍服現役的稱現役軍人；經過登記，預編到現役部隊、編入預備役部隊、編入民兵組織服預備役的或者以其他形式服預備役的，稱預備役人員。

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.

第六條   現役軍人和預備役人員，必須遵守憲法和法律，履行公民的義務，同時享有公民的權利；由於服兵役而產生的權利和義務，由本法和其他相關法律法規規定。

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.

第七條   現役軍人必須遵守軍隊的條令和條例，忠於職守，隨時為保衛祖國而戰鬥。

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.

預備役人員必須按照規定參加軍事訓練、執行軍事勤務，隨時準備參軍參戰，保衛祖國。

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.

第八條   現役軍人和預備役人員建立功勳的，得授予勳章、獎章或者榮譽稱號。

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

第九條   中國人民解放軍實行軍銜制度。

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

第十條   全國的兵役工作，在國務院、中央軍事委員會領導下，由國防部負責。

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.

各軍區按照國防部賦予的任務，負責辦理本區域的兵役工作。

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

省軍區（衛戍區、警備區）、軍分區（警備區）和縣、自治縣、市、市轄區的人民武裝部，兼各該級人民政府的兵役機關，在上級軍事機關和同級人民政府領導下，負責辦理本區域的兵役工作。

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.

機關、團體、企業事業單位和鄉、民族鄉、鎮的人民政府，依照本法的規定完成兵役工作任務。兵役工作業務，在設有人民武裝部的單位，由人民武裝部辦理；不設人民武裝部的單位，確定一個部門辦理。

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 平時征集

CHAPTER 2 RECRUITING IN PEACETIME

第十一條   全國每年征集服現役的人數、要求和時間，由國務院和中央軍事委員會的命令規定。

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.

縣級以上地方各級人民政府組織兵役機關和有關部門組成征集工作機構，負責組織實施征集工作。

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.

第十二條   每年十二月三十一日以前年滿十八周歲的男性公民，應當被征集服現役。當年未被征集的，在二十二周歲以前仍可以被征集服現役，普通高等學校畢業生的征集年齡可以放寬至二十四周歲。

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.

根據軍隊需要，可以按照前款規定征集女性公民服現役。

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

根據軍隊需要和本人自願，可以征集當年十二月三十一日以前年滿十七周歲未滿十八周歲的公民服現役。

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.

第十三條   國家實行兵役登記制度。每年十二月三十一日以前年滿十八周歲的男性公民，都應當在當年六月三十日以前，按照縣、自治縣、市、市轄區的兵役機關的安排，進行兵役登記。經兵役登記並初步審查合格的，稱應征公民。

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.

第十四條   在征集期間，應征公民應當按照縣、自治縣、市、市轄區的兵役機關的通知，按時到指定的體格檢查站進行體格檢查。

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.

應征公民符合服現役條件，並經縣、自治縣、市、市轄區的兵役機關批準的，被征集服現役。

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.

第十五條   在征集期間，應征公民被征集服現役，同時被機關、團體、企業事業單位招收錄用或者聘用的，應當優先履行服兵役義務；有關機關、團體、企業事業單位應當服從國防和軍隊建設的需要，支持兵員征集工作。

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.

第十六條   應征公民是維持家庭生活唯一勞動力的，可以緩征。

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.

第十七條   應征公民正在被依法偵查、起訴、審判的或者被判處徒刑、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 士兵的現役和預備役

Chapter 3 Active Service and Reserve Service of Soldiers

第十八條   現役士兵包括義務兵役制士兵和志願兵役制士兵，義務兵役制士兵稱義務兵，志願兵役制士兵稱士官。

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

第十九條   義務兵服現役的期限為二年。

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

第二十條   義務兵服現役期滿，根據軍隊需要和本人自願，經團級以上單位批準，可以改為士官。根據軍隊需要，可以直接從非軍事部門具有專業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.

士官實行分級服現役制度。士官服現役的期限一般不超過三十年，年齡不超過五十五周歲。

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.

士官分級服現役的辦法和直接從非軍事部門招收士官的辦法，由國務院、中央軍事委員會規定。

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.

第二十一條   士兵服現役期滿，應當退出現役。因軍隊編制員額縮減需要退出現役的，經軍隊醫院診斷證明本人健康狀況不適合繼續服現役的，或者因其他特殊原因需要退出現役的，經師級以上機關批準，可以提前退出現役。

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.

士兵退出現役的時間為部隊宣布退出現役命令之日。

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.

第二十二條   士兵退出現役時，符合預備役條件的，由部隊確定服士兵預備役；經過考核，適合擔任軍官職務的，服軍官預備役。

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.

退出現役的士兵，由部隊確定服預備役的，自退出現役之日起四十日內，到安置地的縣、自治縣、市、市轄區的兵役機關辦理預備役登記。

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.

第二十三條   依照本法第十三條規定經過兵役登記的應征公民，未被征集服現役的，辦理士兵預備役登記。

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.

第二十四條   士兵預備役的年齡，為十八周歲至三十五周歲，根據需要可以適當延長。具體辦法由國務院、中央軍事委員會規定。

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.

第二十五條   士兵預備役分為第一類和第二類。

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

第一類士兵預備役包括下列人員：

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

（一）預編到現役部隊的預備役士兵；

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

（二）編入預備役部隊的預備役士兵；

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

（三）經過預備役登記編入基幹民兵組織的人員。

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

第二類士兵預備役包括下列人員：

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

（一）經過預備役登記編入普通民兵組織的人員；

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

（二）其他經過預備役登記確定服士兵預備役的人員。

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

預備役士兵達到服預備役最高年齡的，退出預備役。

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

第四章 軍官的現役和預備役

Chapter 4. Active Service and Reserve of Military Officers

第二十六條   現役軍官由下列人員補充：

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

（一）選拔優秀士兵和普通高中畢業生入軍隊院校學習畢業的學員；

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

（二）選拔普通高等學校畢業的國防生和其他應屆優秀畢業生；

(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學校本科以上學曆表現優秀的士兵；

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

（四）改任現役軍官的文職幹部；

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

（五）招收軍隊以外的專業技術人員和其他人員。

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

戰時根據需要，可以從士兵、征召的預備役軍官和非軍事部門的人員中直接任命軍官。

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

第二十七條   預備役軍官包括下列人員：

Article 27 Reserve officers shall consist of the following:

（一）退出現役轉入預備役的軍官；

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

（二）確定服軍官預備役的退出現役的士兵；

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

（三）確定服軍官預備役的普通高等學校畢業學生；

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

（四）確定服軍官預備役的專職人民武裝幹部和民兵幹部；

(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）確定服軍官預備役的非軍事部門的幹部和專業技術人員。

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

第二十八條   軍官服現役和服預備役的最高年齡由《中華人民共和國現役軍官法》和《中華人民共和國預備役軍官法》規定。

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.

第二十九條   現役軍官按照規定服役已滿最高年齡的，退出現役；未滿最高年齡因特殊情況需要退出現役的，經批準可以退出現役。

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.

軍官退出現役時，符合服預備役條件的，轉入軍官預備役。

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

第三十條   退出現役轉入預備役的軍官，退出現役確定服軍官預備役的士兵，在到達安置地以後的三十日內，到當地縣、自治縣、市、市轄區的兵役機關辦理預備役軍官登記。

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.

選拔擔任預備役軍官職務的專職人民武裝幹部、民兵幹部、普通高等學校畢業生、非軍事部門的人員，由工作單位或者戶口所在地的縣、自治縣、市、市轄區的兵役機關報請上級軍事機關批準並進行登記，服軍官預備役。

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.

預備役軍官按照規定服預備役已滿最高年齡的，退出預備役。

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

第五章 軍隊院校從青年學生中招收的學員

Chapter 5 Cadets Enrolled in Military Academies from Among Young Students

第三十一條   根據軍隊建設的需要，軍隊院校可以從青年學生中招收學員。招收學員的年齡，不受征集服現役年齡的限制。

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.

第三十二條   學員完成學業考試合格的，由院校發給畢業證書，按照規定任命為現役軍官、文職幹部或者士官。

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.

第三十三條   學員學完規定的科目，考試不合格的，由院校發給結業證書，回入學前戶口所在地；就讀期間其父母已辦理戶口遷移手續的，可以回父母現戶口所在地，由縣、自治縣、市、市轄區的人民政府按照國家有關規定接收安置。

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.

第三十四條   學員因患慢性病或者其他原因不宜在軍隊院校繼續學習，經批準退學的，由院校發給肄業證書，回入學前戶口所在地；就讀期間其父母已辦理戶口遷移手續的，可以回父母現戶口所在地，由縣、自治縣、市、市轄區的人民政府按照國家有關規定接收安置。

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.

第三十五條   學員被開除學籍的，回入學前戶口所在地；就讀期間其父母已辦理戶口遷移手續的，可以回父母現戶口所在地，由縣、自治縣、市、市轄區的人民政府按照國家有關規定辦理。

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.

第三十六條   軍隊根據國防建設的需要，可以依托普通高等學校招收、選拔培養國防生。國防生在校學習期間享受國防獎學金待遇，應當參加軍事訓練、政治教育，履行國防生培養協議規定的其他義務；畢業後應當履行培養協議到軍隊服現役，按照規定辦理入伍手續，任命為現役軍官或者文職幹部。

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.

國防生在校學習期間，按照有關規定不宜繼續作為國防生培養，但符合所在學校普通生培養要求的，經軍隊有關部門批準，可以轉為普通生；被開除學籍或者作退學處理的，由所在學校按照國家有關規定辦理。

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.

第三十七條   本法第三十二條、第三十三條、第三十四條、第三十五條的規定，也適用於從現役士兵中招收的學員。

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

第三十八條   民兵是不脫產的群眾武裝組織，是中國人民解放軍的助手和後備力量。

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.

民兵的任務是：

The militia's tasks are:

（一）參加社會主義現代化建設；

1. Taking part in socialist modernization;

（二）執行戰備勤務，參加防衛作戰，抵抗侵略，保衛祖國；

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

（三）為現役部隊補充兵員；

3. Replenishing active forces units; and

（四）協助維護社會秩序，參加搶險救災。

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

第三十九條   鄉、民族鄉、鎮、街道和企業事業單位建立民兵組織。凡十八周歲至三十五周歲符合服兵役條件的男性公民，經所在地人民政府兵役機關確定編入民兵組織的，應當參加民兵組織。

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.

根據需要，可以吸收十八周歲以上的女性公民、三十五周歲以上的男性公民參加民兵組織。

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

國家發布動員令後，動員範圍內的民兵，不得脫離民兵組織；未經所在地的縣、自治縣、市、市轄區人民政府兵役機關批準，不得離開民兵組織所在地。

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.

第四十條   民兵組織分為基幹民兵組織和普通民兵組織。基幹民兵組織是民兵組織的骨幹力量，主要由退出現役的士兵以及經過軍事訓練和選定參加軍事訓練或者具有專業技術特長的未服過現役的人員組成。基幹民兵組織可以在一定區域內從若幹單位抽選人員編組。普通民兵組織，由符合服兵役條件未參加基幹民兵組織的公民按照地域或者單位編組。

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 預備役人員的軍事訓練

Chapter 7 Military training for reservists

第四十一條   預備役士兵的軍事訓練，在現役部隊、預備役部隊、民兵組織中進行，或者采取其他組織形式進行。

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

未服過現役預編到現役部隊、編入預備役部隊和編入基幹民兵組織的預備役士兵，在十八周歲至二十四周歲期間，應當參加三十日至四十日的軍事訓練；其中專業技術兵的訓練時間，按照實際需要確定。服過現役和受過軍事訓練的預備役士兵的複習訓練，以及其他預備役士兵的軍事訓練，按照中央軍事委員會的規定進行。

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.

第四十二條   預備役軍官在服預備役期間，應當參加三個月至六個月的軍事訓練；預編到現役部隊和在預備役部隊任職的，參加軍事訓練的時間可以適當延長。

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.

第四十三條   國務院和中央軍事委員會在必要的時候，可以決定預備役人員參加應急訓練。

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

第四十四條   預備役人員參加軍事訓練、執行軍事勤務的夥食、交通等補助費用按照國家有關規定執行。預備役人員是機關、團體、企業事業單位工作人員或者職工的，參加軍事訓練、執行軍事勤務期間，其所在單位應當保持其原有的工資、獎金和福利待遇；其他預備役人員參加軍事訓練、執行軍事勤務的誤工補貼按照國家有關規定執行。

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 普通高等學校和普通高中學生的軍事訓練

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

第四十五條   普通高等學校的學生在就學期間，必須接受基本軍事訓練。

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

根據國防建設的需要，對適合擔任軍官職務的學生，再進行短期集中訓練，考核合格的，經軍事機關批準，服軍官預備役。

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.

第四十六條   普通高等學校設軍事訓練機構，配備軍事教員，組織實施學生的軍事訓練。

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.

第四十五條第二款規定的培養預備役軍官的短期集中訓練，由軍事部門派出現役軍官與普通高等學校軍事訓練機構共同組織實施。

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.

第四十七條   普通高中和中等職業學校，配備軍事教員，對學生實施軍事訓練。

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

第四十八條   普通高等學校和普通高中學生的軍事訓練，由教育部、國防部負責。教育部門和軍事部門設學生軍事訓練的工作機構或者配備專人，承辦學生軍事訓練工作。

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 戰時兵員動員

Chapter 9 Mobilization of Troops in Wartime

第四十九條   為了對付敵人的突然襲擊，抵抗侵略，各級人民政府、各級軍事機關，在平時必須做好戰時兵員動員的準備工作。

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.

第五十條   在國家發布動員令以後，各級人民政府、各級軍事機關，必須迅速實施動員：

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）現役軍人停止退出現役，休假、探親的軍人必須立即歸隊；

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）預備役人員、國防生隨時準備應召服現役，在接到通知後，必須準時到指定的地點報到；

(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）機關、團體、企業事業單位和鄉、民族鄉、鎮的人民政府負責人，必須組織本單位被征召的預備役人員，按照規定的時間、地點報到；

(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）交通運輸部門應當優先運送應召的預備役人員、國防生和返回部隊的現役軍人。

(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.

第五十一條   戰時根據需要，國務院和中央軍事委員會可以決定征召三十六周歲至四十五周歲的男性公民服現役，可以決定延長公民服現役的期限。

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.

第五十二條   戰爭結束後，需要複員的現役軍人，根據國務院和中央軍事委員會的複員命令，分期分批地退出現役，由各級人民政府妥善安置。

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 現役軍人的待遇和退出現役的安置

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

第五十三條   國家保障現役軍人享有與其履行職責相適應的待遇。現役軍人的待遇應當與國民經濟發展相協調，與社會進步相適應。

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.

軍官實行職務軍銜等級工資制，士官實行軍銜級別工資制，義務兵享受供給制生活待遇。現役軍人享受規定的津貼、補貼和獎勵工資。國家建立軍人工資的正常增長機制。

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.

現役軍人享受規定的休假、療養、醫療、住房等福利待遇。國家根據經濟社會發展水平提高現役軍人的福利待遇。

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.

國家實行軍人保險制度，與社會保險制度相銜接。軍人服現役期間，享受規定的軍人保險待遇。軍人退出現役後，按照國家有關規定接續養老、醫療、失業等社會保險關系，享受相應的社會保險待遇。現役軍人配偶隨軍未就業期間，按照國家有關規定享受相應的保障待遇。

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.

第五十四條   國家建立健全以扶持就業為主，自主就業、安排工作、退休、供養以及繼續完成學業等多種方式相結合的士兵退出現役安置制度。

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.

第五十五條   現役軍人入伍前已被普通高等學校錄取或者是正在普通高等學校就學的學生，服役期間保留入學資格或者學籍，退出現役後兩年內允許入學或者複學，並按照國家有關規定享受獎學金、助學金和減免學費等優待；入學或者複學後參加國防生選拔、參加國家組織的農村基層服務項目人選選拔，以及畢業後參加軍官人選選拔的，優先錄取。

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.

義務兵和服現役不滿十二年的士官入伍前是機關、團體、企業事業單位工作人員或者職工的，服役期間保留人事關系或者勞動關系；退出現役後可以選擇複職複工。

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.

義務兵和士官服現役期間，入伍前依法取得的農村土地承包經營權，應當保留。

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

第五十六條   現役軍人，殘疾軍人，退出現役軍人，烈士、因公犧牲、病故軍人遺屬，現役軍人家屬，應當受到社會的尊重，受到國家和社會的優待。軍官、士官的家屬隨軍、就業、工作調動以及子女教育，享受國家和社會的優待。

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.

第五十七條   現役軍人因戰、因公、因病致殘的，按照國家規定評定殘疾等級，發給殘疾軍人證，享受國家規定的待遇和殘疾撫恤金。因工作需要繼續服現役的殘疾軍人，由所在部隊按照規定發給殘疾撫恤金。

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.

現役軍人因戰、因公、因病致殘的，按照國家規定的評定殘疾等級采取安排工作、供養、退休等方式妥善安置。有勞動能力的退出現役的殘疾軍人，優先享受國家規定的殘疾人就業優惠政策。

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.

殘疾軍人、患慢性病的軍人退出現役後，由安置地的縣級以上地方人民政府按照國務院、中央軍事委員會的有關規定負責接收安置；其中，患過慢性病舊病複發需要治療的，由當地醫療機構負責給予治療，所需醫療和生活費用，本人經濟困難的，按照國家規定給予補助。

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.

現役軍人、殘疾軍人參觀遊覽公園、博物館、展覽館、名勝古跡享受優待；優先購票乘坐境內運行的火車、輪船、長途汽車以及民航班機；其中，殘疾軍人按照規定享受減收正常票價的優待，免費乘坐市內公共汽車、電車和軌道交通工具。義務兵從部隊發出的平信，免費郵遞。

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.

第五十八條   義務兵服現役期間，其家庭由當地人民政府給予優待，優待標準不低於當地平均生活水平，具體辦法由省、自治區、直轄市人民政府規定。

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.

第五十九條   現役軍人犧牲、病故，由國家發給其遺屬一次性撫恤金；其遺屬無固定收入，不能維持生活，或者符合國家規定的其他條件的，由國家另行發給定期撫恤金。

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.

第六十條   義務兵退出現役，按照國家規定發給退役金，由安置地的縣級以上地方人民政府接收，根據當地的實際情況，可以發給經濟補助。

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.

義務兵退出現役，安置地的縣級以上地方人民政府應當組織其免費參加職業教育、技能培訓，經考試考核合格的，發給相應的學曆證書、職業資格證書並推薦就業。退出現役義務兵就業享受國家扶持優惠政策。

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.

義務兵退出現役，可以免試進入中等職業學校學習；報考普通高等學校以及接受成人教育的，享受加分以及其他優惠政策；在國家規定的年限內考入普通高等學校或者進入中等職業學校學習的，享受國家發給的助學金。

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.

義務兵退出現役，報考公務員、應聘事業單位職位的，在軍隊服現役經曆視為基層工作經曆，同等條件下應當優先錄用或者聘用。

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.

服現役期間平時榮獲二等功以上獎勵或者戰時榮獲三等功以上獎勵以及屬於烈士子女和因戰致殘被評定為五級至八級殘疾等級的義務兵退出現役，由安置地的縣級以上地方人民政府安排工作；待安排工作期間由當地人民政府按照國家有關規定發給生活補助費；本人自願選擇自主就業的，依照本條第一款至第四款規定辦理。

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.

國家根據經濟社會發展水平，適時調整退役金的標準。退出現役士兵安置所需經費，由中央和地方各級人民政府共同負擔。

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.

第六十一條   士官退出現役，服現役不滿十二年的，依照本法第六十條規定的辦法安置。

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.

士官退出現役，服現役滿十二年的，由安置地的縣級以上地方人民政府安排工作；待安排工作期間由當地人民政府按照國家有關規定發給生活補助費；本人自願選擇自主就業的，依照本法第六十條第一款至第四款的規定辦理。

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.

士官服現役滿三十年或者年滿五十五周歲的，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.

士官在服現役期間因戰、因公、因病致殘喪失工作能力的，按照國家有關規定安置。

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.

第六十二條   士兵退出現役安置的具體辦法由國務院、中央軍事委員會規定。

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

第六十三條   軍官退出現役，國家采取轉業、複員、退休等辦法予以妥善安置。作轉業安置的，按照有關規定實行計劃分配和自主擇業相結合的方式安置；作複員安置的，按照有關規定由安置地人民政府接收安置，享受有關就業優惠政策；符合退休條件的，退出現役後按照有關規定作退休安置。

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.

軍官在服現役期間因戰、因公、因病致殘喪失工作能力的，按照國家有關規定安置。

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.

第六十四條   機關、團體、企業事業單位有接收安置退出現役軍人的義務，在招收錄用工作人員或者聘用職工時，同等條件下應當優先招收錄用退出現役軍人；對依照本法第六十條、第六十一條、第六十三條規定安排工作的退出現役軍人，應當按照國家安置任務和要求做好落實工作。

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.

軍人服現役年限計算為工齡，退出現役後與所在單位工作年限累計計算。

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.

國家鼓勵和支持機關、團體、企業事業單位接收安置退出現役軍人。接收安置單位按照國家規定享受稅收優惠等政策。

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.

第六十五條   民兵、預備役人員因參戰、參加軍事訓練、執行軍事勤務犧牲、致殘的，學生因參加軍事訓練犧牲、致殘的，由當地人民政府依照軍人撫恤優待條例的有關規定給予撫恤優待。

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 法律責任

Chapter 11 Legal Liabilities

第六十六條   有服兵役義務的公民有下列行為之一的，由縣級人民政府責令限期改正；逾期不改的，由縣級人民政府強制其履行兵役義務，並可以處以罰款：

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）拒絕、逃避兵役登記和體格檢查的；

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

（二）應征公民拒絕、逃避征集的；

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

（三）預備役人員拒絕、逃避參加軍事訓練、執行軍事勤務和征召的。

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

有前款第二項行為，拒不改正的，不得錄用為公務員或者參照公務員法管理的工作人員，兩年內不得出國（境）或者升學。

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.

國防生違反培養協議規定，不履行相應義務的，依法承擔違約責任，根據情節，由所在學校作退學等處理；畢業後拒絕服現役的，依法承擔違約責任，並依照本條第二款的規定處理。

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.

戰時有本條第一款第二項、第三項或者第三款行為，構成犯罪的，依法追究刑事責任。

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.

第六十七條   現役軍人以逃避服兵役為目的，拒絕履行職責或者逃離部隊的，按照中央軍事委員會的規定給予處分；構成犯罪的，依法追究刑事責任。

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.

現役軍人有前款行為被軍隊除名、開除軍籍或者被依法追究刑事責任的，不得錄用為公務員或者參照公務員法管理的工作人員，兩年內不得出國（境）或者升學。

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.

明知是逃離部隊的軍人而雇用的，由縣級人民政府責令改正，並處以罰款；構成犯罪的，依法追究刑事責任。

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.

第六十八條   機關、團體、企業事業單位拒絕完成本法規定的兵役工作任務的，阻撓公民履行兵役義務的，拒絕接收、安置退出現役軍人的，或者有其他妨害兵役工作行為的，由縣級以上地方人民政府責令改正，並可以處以罰款；對單位負有責任的領導人員、直接負責的主管人員和其他直接責任人員，依法予以處罰。

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.

第六十九條   擾亂兵役工作秩序，或者阻礙兵役工作人員依法執行職務的，依照治安管理處罰法的規定給予處罰；使用暴力、威脅方法，構成犯罪的，依法追究刑事責任。

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.

第七十條   國家工作人員和軍人在兵役工作中，有下列行為之一，構成犯罪的，依法追究刑事責任；尚不構成犯罪的，給予處分：

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）收受賄賂的；

1. taking bribes;

（二）濫用職權或者玩忽職守的；

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

（三）徇私舞弊，接送不合格兵員的。

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

第七十一條   縣級以上地方人民政府對違反本法的單位和個人的處罰，由縣級以上地方人民政府兵役機關會同行政監察、公安、民政、衛生、教育、人力資源和社會保障等部門具體辦理。

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 則

Chapter 12 Supplementary Provisions

第七十二條   本法適用於中國人民武裝警察部隊。

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

第七十三條   中國人民解放軍根據需要配備文職幹部。本法有關軍官的規定適用於文職幹部。

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.

第七十四條   本法自１９８４年１０月１日起施行。

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