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中华人民共和国兵役法
Military Service Law of the People's Republic of China
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役制为主体的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 shall practise a military service system which is based mainly on conscription and 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；编入民兵组织或者经过登记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 regimented into militia organizations or registered in the reserve service are reservists.
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，除本法的规定外，另由军事条令规定。
Article 6. The active servicemen and reservists must abide by the Constitution and the law, and shall perform their duties and at the same time enjoy their rights as citizens; their rights and duties resulting from their joining the military service shall be specified separately in military regulations in addition to the provisions of this Law.
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，随时准备参军参战，保卫祖国。
Reservists must participate in military training according to the regulations and always be ready to join the army and take part in war for the defence 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 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 within their respective areas as assigned by the Ministry of National Defence.
省军区（卫戌区、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 the 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 where there is no such department.
第二章 平时征集
CHAPTER II ENLISTMENT IN PEACE TIME
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.
第十二条 每年十二月三十一日以前年满十八岁的男性公民，应当被征集服现役。当年未被征集的，在二十二岁以前，仍可以被征集服现役。
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 until they are 22.
根据军队需要，可以按照前未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 provision of the preceding paragraph.
根据军队需要和自愿的原则，可以征集当年十二月三十一日以前未满十八岁的男女公民服现役。
To meet the needs of the armed forces and on the principle of voluntary participation, male and female citizens who have not yet reached 18 years of age by December 31 of a certain year may be enlisted for active service.
第十三条 每年十二月三十一日以前年满十八岁的男性公民，都应当在当年九月三十日以前，按照县、自治县、市、市辖区的兵役机关的安排，进行兵役登记。经兵役登记和初步审查合格的，称应征公民。
Article 13. Each year, male citizens who will be 18 years old by December 31 shall be registered for military service by September 30 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 应征公民是维持家庭生活的唯一劳动力或者是正在全日制学校就学的学生，可以缓征。
Article 15. 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 or if he is a student in a full-time school.
第十六条 应征公民被羁押正在受侦查、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 16. A citizen eligible for enlistment shall not be enlisted if he is detained for investigation, prosecution or trial, 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 III THE ACTIVE SERVICE AND RESERVE SERVICE OF SOLDIERS
第十七条 士兵包括义务兵和志愿兵。
Article 17. There shall be two types of soldiers: conscripts and volunteers.
第十八条 义务兵服现役的期限：陆军三年；海军、空军四年。
Article 18. The term of service for conscripts shall be three years in the army and four years in the navy and the air force.
义务兵服现役期满，根据军队的需要和本人自愿，可以超期服现役。超期服现役的期限：陆军一年至二年；海军、空军一年。
Upon the expiration of his active service, a conscript may, according to the need of the armed forces and on a voluntary basis, extend his service. The extended period of service shall be one to two years in the army and one year in the navy and the air force.
第十九条 超期服现役的义务兵服现役满五年，已成为专业技术骨干的，由本人申请，经师级以上机关批准，可以改为志愿兵。
Article 19. A conscript on extended active duty who has completed five years of active service and who has become professionally or technically skilled may, by his application and upon approval by a division headquarters or a higher organ, change to a volunteer.
志愿兵服现役的期限，从改为志愿兵之日算起，至少八年，不超过十二年，年龄不超过三十五岁；军队有特殊需要，本人自愿，经军级以上机关批准，可以适当延长。
The term of active service for a volunteer shall be no less than eight years and no more than twelve years, counting from the day he changes to a volunteer, up to a maximum age of 35; the term may be extended appropriately upon approval by an army headquarters or a higher organ if the volunteer is specially needed in the armed forces and if he desires the extension.
第二十条 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 20. 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 the terms of their active service upon approval by a division headquarters or a higher organ.
第二十一条 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 21. 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，在回到本人居住地以后的三十天内，到当地县、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 thirty days of returning to his place of residence, register for reserve service with the military service organ of his county, autonomous county, city or municipal district.
第二十二条 按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，服士兵预备役。
Article 22. 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 serve in the soldiers reserve.
第二十三条 士兵预备役的年龄，为十八岁至三十五岁。
Article 23. Persons serving in the soldiers reserve shall be aged between 18 and 35.
第二十四条 士兵预备役分为第一类和第二类。
Article 24. 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）按照本法第三十八条规定编入基干民兵组织的人员；
(1) persons regimented into primary militia organizations pursuant to the provisions of Article 38 of this Law;
（二）在不建立民兵组织的单位 ， 经过预备役登记的二十八岁以下的退出现役的士兵；
(2) soldiers under the age of 28 who have been discharged from active service and have registered for reserve service in work units where no militia organizations are to be established; and
（三）经过预备役登记的二十八岁以下的专业技术人员。
(3) professional and technical personnel under the age of 28 who have registered for reserve service.
第二类士兵预备役包括下列人员：
Category Two of the persons in the soldiers reserve shall include:
（一）按照本法第三十八条规定编入普通民兵组织的人员；
(1) persons regimented into ordinary militia organizations pursuant to the provisions of Article 38 of this Law; and
（二）在不建立民兵组织的单位，经过预备役登记的二十九岁至三十五岁的退出现役的士兵，以及其他符合士兵预备役条件的男性公民。
(2) soldiers aged between 29 and 35 who have been discharged from active service and have registered for reserve service as well as other male citizens qualified for reserve service in work units where no militia organizations are to be established.
第一类预备役士兵，二十九岁转入第二类预备役；第二类预备役士兵，三十五岁退出预备役。
Reserve soldiers in Category One shall be transferred to Category Two upon attaining the age of 29; those in Category Two shall be discharged from the reserve service at the age of 35.
第四章 军官的现役和预备役
CHAPTER IV THE ACTIVE SERVICE AND RESERVE SERVICE OF OFFICERS
第二十五条 现役军官由下列人员补充：
Article 25. Officers in active service shall be replenished with the following personnel:
（一）军事院校毕业的学员；
(1) graduates of military institutes and academies;
（二）在中央军事委员会批准开办的培训军官的机构受训后，经考核适合担任军官职务的士兵；
(2) soldiers who have been trained at officers training centres established with the approval of the Central Military Commission and who are considered after assessment to be fit for the posts of officers;
（三）高等院校、中等专业学校毕业的适合担任军官职务的学生；
(3) graduates of institutions of higher learning and secondary technical schools who are fit for officers posts; and
（四）军队的文职干部和个别接收的非军事部门的专业技术人员。
(4) civilian cadres of the armed forces and professional and technical personnel recruited individually from non-military departments.
在战时，现役军官还由下列人员补充：
In wartime, officers in active service shall also be replenished with the following personnel:
（一）可以直接任命为军官的士兵；
(1) soldiers who can be appointed directly as officers; and
（二）征召的预备役军官和适合服现役的非军事部门的干部。
(2) reserve officers called into active service and cadres of non-military departments fit for active service.
第二十六条 预备役军官包括下列人员：
Article 26. Officers in reserve service 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；
(2) 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高等院校毕业学生；
(3) graduates of institutions of higher learning 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；
(4) 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。
(5) cadres and professional and technical personnel of non-military departments assigned to serve in the officers reserve.
第二十七条 军官服现役和服预备役的最高年龄由中国人民解放军军官服役条例规定。
Article 27. The maximum age for officers in active and reserve services shall be stipulated in the Regulations of the Chinese People's Liberation Army on the Military Service of Officers.
第二十八条 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 28. 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 the latter.
第二十九条 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，以及确定服军官预备役的高等院校毕业学生，在到达工作单位或者居住地以后的三十天内，到当地县、自治县、市、市辖区的兵役机关办理预备役登记。
Article 29. Officers who have been discharged from active service and transferred to reserve service, soldiers who have been discharged from active service and assigned to serve in the officers reserve and graduates of institutions of higher learning assigned to serve in the officers reserve shall, within thirty days of their arrival at their places of work or residence, register for reserve service with the military service organs of their counties, autonomous counties, cities or municipal districts.
适合担任军官职务的专职人民武装干部、民兵干部、非军事部门的干部和专业技术人员，由县、自治县、市、市辖区的兵役机关进行登记，报请上级军事机关批准，服军官预备役。
Full-time cadres of the departments of people's armed forces, cadres of the militia, and cadres and professional and technical personnel of non-military departments fit for officers' posts shall serve in the officers' reserve through registration with the military service organs of counties, autonomous counties, cities or municipal districts and upon approval by military organs at a higher level.
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 军事院校从青年学生中招收的学员
CHAPTER V CADETS ENROLLED BY MILITARY INSTITUTES AND ACADEMIES FROM AMONG YOUNG STUDENTS
| 第三十条 根据军队建设的需要，军事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 30. Military institutes and academies may, according to needs in building up the armed forces, enroll cadets from among young students. The age limit for the cadets to be enrolled need not be the same as that for the active servicemen to be enlisted.
第三十一条 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或者文职干部。
Article 31. 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 or civilian cadres according to relevant regulations.
第三十二条 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，由县、自治县、市、市辖区的人民政府按照国家同等院校结业生的安置办法安置。
Article 32. Cadets who have completed the required courses but have failed in the examinations shall be given a certificate of their completion of the courses by the institutes or academies and return to their places of residence before they enrolled in such military institutes or academies, and shall be placed by the people's governments of their respective counties, autonomous counties, cities or municipal districts according to state regulations on the placement for those who have completed their studies at other colleges and schools of similar status.
第三十三条 学员因患慢性疾病或者其他原因不宜在军事院校继续学习 ， 经批准退学的，由院校发给肄业证书，由入学前户口所在地的县、自治县、市、市辖区的人民政府接收安置。
Article 33. Cadets who suffer from chronic diseases or are otherwise unfit for continuing their studies at military institutes or academies and who thus leave school upon approval shall be given a certificate by the institutes or academies of the amount of academic work they have done and shall be accepted for placement by the people's governments of the counties, autonomous counties, cities or municipal districts at their places of residence before they enrolled in such institutes or academies.
第三十四条 学员被开除学籍的，由入学前户口所在地的县、自治县、市、市辖区的人民政府接收，按照国家同等院校开除学籍学生的处理办法办理。
Article 34. Cadets dismissed from school shall be accepted by the people's governments of the counties, autonomous counties, cities or municipal districts at their places of residence before enrollment, which shall treat them according to the state regulations on the treatment of students dismissed from other colleges and schools of similar status.
第三十五条 本法第三十一条、第三十二条、第三十三第、第三十四条的规定，也适用于从现役士兵中招收的学员。
Article 35. The provisions of Articles 31, 32, 33 and 34 of this Law shall also apply to cadets enrolled from among soldiers in active service.
第六章 民 兵
CHAPTER VI THE MILITIA
第三十六条 民兵是不脱离生产的群众武装组织 ， 是中国人民解放军的助手和后备力量。
Article 36. 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 tasks of the militia shall be:
（一）积极参加社会主义现代化建设，带头完成生产和各项任务；
(1) take an active part in the socialist modernization and be exemplary in completing the tasks in production and other fields;
（二）担负战备勤务，保卫边疆，维护社会治安；
(2) undertake the duties related to preparations against war, defend the frontiers and maintain public order; and
（三）随时准备参军参战，抵抗侵略，保卫祖国。
(3) be always ready to join the armed forces to take part in war, resist aggression and defend the motherland.
第三十七条 乡、民族乡、镇和企业事业单位建立民兵组织。
Article 37. Militia organizations shall be set up in townships, nationality townships, towns, enterprises and institutions.
凡十八岁至三十五岁符合服兵役条件的男性公民，除应征服现役的以外，编入民兵组织服预备役。民兵干部的年龄可以适当放宽。
Male citizens who belong to the 18-35 age group and are fit for military service, excluding those enlisted for active service, shall be regimented into militia units to perform reserve service. The age limit for militia cadres may be handled flexibly.
不建立民兵组织的单位，按照规定对符合服兵役条件的男性公民，进行预备役登记。
In units where no militia organizations are to be established, male citizens qualified for military service shall be registered for reserve service in accordance with the regulations.
第三十八条 民兵分为基干民兵和普通民兵。二十八岁以下的退出现役的士兵和经过军事训练的人员，以及选定参加军事训练的人员，编为基干民兵；其余十八岁至三十五岁符合服兵役条件的男性公民，编为普通民兵。
Article 38. The militia shall consist of a primary militia and an ordinary militia. A selected group of militiamen under 28 years of age, including soldiers discharged from active service and other persons who have received or are selected for military training, shall be regimented into the primary militia; other male citizens belonging to the age group of 18 to 35 who are qualified for military service shall be regimented into the ordinary militia.
根据需要，吸收女性公民参加基干民兵。
The primary militia may recruit female citizens when necessary.
陆海边疆、少数民族地区和城市有特殊情况的单位，基干民兵的年龄可以适当放宽。
The age limit for primary militiamen may be extended appropriately in frontier areas on land or sea, areas inhabited by minority nationalities as well as urban units in special circumstances.
第七章 预备役人员的军事训练
CHAPTER VII MILITARY TRAINING FOR RESERVISTS
第三十九条 预备役士兵的军事训练，在民兵组织中进行，或者单独进行。
Article 39. Military training for soldiers in reserve service shall be conducted either in militia organizations or separately.
未服过现役的基干民兵，在十八岁至二十岁期间，应当参加三十天至四十天的军事训练；专业技术民兵的训练时间，按照实际需要适当延长。
Primary militiamen belonging to the age group of 18-20 who have not been in active service shall receive military training for 30 to 40 days; the period of training for professional and technical militiamen may be extended appropriately according to actual needs.
服过现役和受过军事训练的基干民兵的复习训练，普通民兵和未编入民兵组织的预备役士兵的军事训练，按照中央军事委员会的规定进行。
The retraining of primary militiamen who have performed active service or have received military training and the military training for ordinary militiamen and for soldiers in reserve service who are not regimented into militia organizations shall be conducted as provided for by the Central Military Commission.
第四十条 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。
Article 40. Officers in reserve service shall receive military training for three to six months during the period of their reserve service.
第四十一条 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 41. The State Council and the Central Military Commission may, when necessary, decide that the reservists shall participate in emergency training.
第四十二条 机关、团体、企业事业单位的预备役人员，在参加军事训练期间，由原单位照发工资和奖金，原有的福利待遇不变。
Article 42. During the period of military training, reservists in government organs, public organizations, enterprises and institutions shall receive their wages and bonuses from their respective units as usual, and their welfare benefits shall not be affected either.
农村的预备役人员，在参加军事训练期间，由乡、民族乡、镇的人民政府采取平衡负担的办法，按照同等劳力的收入给予误工补贴。
Reservists in rural areas shall, during the period of military training, be subsidized for the loss of work time according to the income of similar workers through an equal sharing of the burden effected by the people's governments of townships, nationality townships, and towns.
第八章 高等院校和高级中学学生的军事训练
CHAPTER VIII MILITARY TRAINING FOR STUDENTS OF INSTITUTIONS OF HIGHER LEARNING AND STUDENTS OF SENIOR MIDDLE SCHOOLS
第四十三条 高等院校的学生在就学期间，必须接受基本军事训练。
Article 43. Students of 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.
第四十四条 高等院校设军事训练机构，配备军事教员，组织实施学生的军事训练。
Article 44. Offices in charge of military training shall be set up and military instructors provided in institutions of higher learning to organize and conduct the military training of the students.
第四十三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高等院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 43 shall be organized and conducted jointly by officers in active service sent from military organs and the offices of the institutions of higher learning in charge of military training.
第四十五条 高级中学和相当于高级中学的学校 ， 配备军事教员，对学生实施军事训练。
Article 45. Senior middle schools and schools equivalent to them shall be provided with military instructors to conduct military training for the students.
第四十六条 高等院校和高级中学学生的军事训练，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 46. The military training of students of institutions of higher learning and students of senior middle schools shall be under the charge of the Ministry of Education and the Ministry of National Defence. 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 IX MOBILIZATION OF TROOPS IN WARTIME
第四十七条 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 47. In order to cope with an enemy's surprise attack and resist aggression, people's governments and military organs at all levels must, in peace time, make preparations for the mobilization of troops in wartime.
第四十八条 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 48. Upon the issuance of a mobilization order by the state, people's governments and military organs at all levels must promptly carry out the 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；
(2) Reservists must be ready to be called into active service at any time and, as soon as 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；
(3) 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）交通运输部门要优先运送应召的预备役人员和返回部队的现役军人。
(4) Transportation departments must provide priority transportation for reservists who have been called up and for active servicemen returning to their units in the armed forces.
第四十九条 战时遇有特殊情况，国务院和中央军事委员会可以决定征召三十六岁至四十五岁的男性公民服现役。
Article 49. The State Council and the Central Military Commission may decide to call into active service male citizens of the age of 3645 in special wartime circumstances.
第五十条 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 50. 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 现役军人的优待和退出现役的安置
CHAPTER X PREFERENTIAL TREATMENT FOR ACTIVE SERVICEMEN AND PLACEMENT OF EX-SERVICEMEN
第五十一条 现役军人，革命残废军人，退出现役的军人，革命烈士家属，牺牲、病故军人家属，现役军人家属，应当受到社会的尊重，受到国家和人民群众的优待。
Article 51. Active servicemen, disabled revolutionary armymen, ex-servicemen, and family members of revolutionary martyrs, of armymen who were killed in action or died of diseases, and of active servicemen shall be esteemed by the general public and given preferential treatment by the state and the masses of people.
第五十二条 革命残废军人乘坐火车、轮船、飞机、长途汽车，优先购票，并按照规定享受减价优待。
Article 52. Disabled revolutionary armymen shall enjoy priority in buying tickets at favourable discount prices according to relevant regulations when travelling by train, ship, airplane or long-distance bus.
义务兵从部队发出的平信，免费邮递。
Ordinary mail sent by conscripts from their units shall be free of charge.
第五十三条 现役军人参战或者因公负伤致残的，由部队评定残废等级，发给革命残废军人抚恤证。
Article 53. Active servicemen who are wounded or disabled while taking part in military operations or performing military duties shall be graded for their disability by their army units and be given pension certificates for disabled revolutionary armymen.
退出现役的特等、一等革命残废军人，由国家供养终身。二等、三等革命残废军人，家居城镇的，由本人所在地的县、自治县、市、市辖区的人民政府安排力所能及的工作；
Disabled revolutionary armymen of Special Grade and First Grade discharged from active service shall be provided for by the state throughout their lives. Disabled revolutionary armymen of Second and Third Grades who are residents of cities or towns shall be given jobs suited to their abilities by the people's governments of their counties, autonomous counties, cities or municipal districts;
家居农村的，其所在地区有条件的，可以在企业事业单位安排适当工作，不能安排的，按照规定增发残废抚恤金，保障他们的生活。
those who are residents of rural areas may be given suitable jobs in enterprises or institutions if this can be done locally, or they may get an increase in the pension for the disabled in accordance with relevant regulations as a guarantee for their livelihood.
第五十四条 家居农村的义务兵家属，由乡、民族乡、镇的人民政府采取平衡负担的办法给予优待。优待的具体办法和标准，由省、自治区、直辖市的人民政府规定。
Article 54. Families of conscripts which reside in rural areas shall be given favourable treatment through an equal sharing of the burden to be effected by the people's governments of townships, nationality townships or towns. The specific measures and standards for such favourable treatment shall be formulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
家居城镇的义务兵家属，生活困难的，由县、自治县、市、市辖区的人民政府给予适当补助。
Families of conscripts which reside in cities and towns and which face financial difficulties shall be given appropriate subsidies by the people's governments of counties, autonomous counties, cities or municipal districts.
第五十五条 现役军人牺牲、病故，由国家发给其家属一次抚恤金。其家属无劳动能力或者无固定收入不能维持生活的，再由国家定期发给抚恤金。
Article 55. A pension in a lump sum shall be given by the state to the family of an active serviceman who was killed in action or died of a disease. If the family cannot provide for itself because it has no one who can work or because it has no regular income, it shall be given a periodical pension by the state.
第五十六条 义务兵退出现役后，按照从那里来、回那里去的原则，由原征集的县、自治县、市、市辖区的人民政府接收安置：
Article 56. Conscripts discharged from active service shall, on the principle of returning to the place where they came from, be accepted and placed by the people's governments of the counties, autonomous counties, cities or municipal districts where they were enlisted:
（一）家居农村的义务兵退出现役后，由乡、民族乡、镇的人民政府妥善安排他们的生产和生活。机关、团体、企业事业单位在农村招收职工时，对他们给予适当照顾。
(1) Conscripts who are residents of rural areas, when discharged from active service, shall be provided with proper arrangements for their work and livelihood by the people's governments of townships, nationality townships and towns. Government organs, public organizations, enterprises and institutions shall give appropriate preference to them when recruiting staff and workers from rural areas.
（二）家居城镇的义务兵退出现役后，由县、自治县、市、市辖区的人民政府安排工作。
(2) Conscripts who are residents of cities and towns, when discharged from active service, shall be given jobs by the people's governments of counties, autonomous counties, cities or municipal districts.
入伍前是机关、团体、企业事业单位正式职工的，允许复工、复职。
Those who, prior to enlistment, had been regular staff members or workers of government organs, public organizations, enterprises or institutions shall be allowed to resume their original work or positions.
（三）义务兵退出现役后，报考高等院校和中等专业学校，在和其他考生同等条件，优先录取。
(3) When conscripts discharged from active service take entrance examinations for institutions of higher learning or secondary vocational schools, they shall enjoy enrollment priority over contenders who are equally qualified in other respects.
第五十七条 在服现役期间患精神病的义务兵退出现役后，视病情轻重，送地方医院收容治疗或者回家休养， 所需医疗和生活费用，由县、自治县、市、市辖区的人民政府负责。
Article 57. Conscripts discharged from active service because of mental disorder acquired during the period of their active service shall, depending on the seriousness of their cases, be sent to a civilian hospital for medical treatment or sent home for recuperation. Their medical and living expenses shall be borne by the people's governments of their respective counties, autonomous counties, cities or municipal districts.
在服现役期间患过慢性病的义务兵退出现役后，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，由县、自治县、市、市辖区的人民政府给予补助。
Conscripts discharged from active service who contracted chronic diseases during the period of their active service and who need medical treatment because of a recurrence of such diseases shall be treated by a civilian medical institution. If they have financial difficulties and cannot meet the necessary medical and living expenses, the people's governments of their counties, autonomous counties, cities or municipal districts shall give them a subsidy.
第五十八条 志愿兵退出现役后，由原征集的县、自治县、市、市辖区的人民政府安排工作；遇有特殊情况，也可以由上一级或者省、自治区、直辖市的人民政府统筹安排；自愿回乡参加农业生产的，给予鼓励，增发安家补助费。
Article 58. Volunteers discharged from active service shall be given jobs by the people's governments of their counties, autonomous counties, cities or municipal districts where they were enlisted; in special cases they may also be placed through an overall arrangement by the people's governments at the next higher level or of provinces, autonomous regions, or municipalities directly under the Central Government. Those who wish to return to the rural areas to take part in agricultural production shall be encouraged to do so and given extra subsidies for setting up a home there.
志愿兵在服现役期间，参战或者因公致残、积劳成疾基本丧失工作能力的，办理退休手续，由原征集的县、自治县、市、市辖区的人民政府或者其直系亲属所在地的县、自治县、市、市辖区的人民政府接收安置。
Volunteers who have basically lost their ability to work because they were disabled while taking part in military operations or performing military duties or because their health broke down as a result of constant overwork during the period of their active service shall go through the procedures of retirement and shall be accepted and taken care of by the people's governments of the counties, autonomous counties, cities or municipal districts where they were enlisted or where their lineal relatives reside.
第五十九条 军官退出现役后，由国家妥善安置。
Article 59. Officers discharged from active service shall be properly placed by the state.
第六十条 民兵因参战执勤牺牲、残废的，预备役人员和学生因参加军事训练牺牲、残废的，由当地人民政府按照民兵抚恤优待条例给予抚恤优待。
Article 60. In cases where militiamen died or were disabled while taking part in military operations or performing military duties, or where reservists or students died or were disabled while taking part in military training, pensions and preferential treatment shall be granted by the local people's governments in accordance with the Regulations on Pensions and Preferential Treatment Concerning Militiamen.
第十一章 惩 处
CHAPTER XI PUNISHMENTS
第六十一条 按照本法规定，有服兵役义务的公民拒绝、逃避兵役登记的，应征公民拒绝、逃避征集的，预备役人员拒绝、逃避军事训练的，经教育不改，基层人民政府应当强制其履行兵役义务。
Article 61. If any citizen who, pursuant to the provisions of this Law, has the duty to perform military service refuses to register for military service or evades such registration, if any citizen who is eligible for enlistment refuses to be enlisted or evades enlistment, or if a reservist refuses to undergo military training or evades such training, and if any such person refuses to mend his ways in spite of persuasion, the people's government at the grassroots shall compel him to fulfil his duty of performing military service.
在战时，预备役人员拒绝、逃避征召或者拒绝、逃避军事训练，情节严重的，比照《中华人民共和国惩治军人违反职责罪暂行条例》第六条第一款的规定处罚。
In wartime, if a reservist refuses to be called into active service or evades such service, or if he refuses to undergo military training or evades such training, and if the cases is a serious one, he shall be punished with reference to the first paragraph of Article 6 of the Interim Regulations of the People's Republic of China on Punishment of Servicemen Who Commit Crimes Contrary to Their Duties.
第六十二条 国家工作人员办理兵役工作时，收受贿赂、营私舞弊的，或者玩忽职守，致使兵役工作遭受严重损失的，分别依照《中华人民共和国刑法》第一百八十五条、第一百八十七条的规定处罚。情节较轻的，可以给予行政处分。
Article 62. State functionaries who take bribes or engage in malpractices for selfish purposes while conducting military service work or who cause serious losses to such work by their dereliction of duty shall be punished, as the circumstances may require, according to the provisions of Articles 185 and 187 of the Criminal Law of the People's Republic of China. Administrative sanctions may be given where the circumstances are less serious.
第六十三条 本法适用于中国人民武装警察部队。
Article 63. This Law shall apply to the Chinese People's Armed Police Force.
第六十四条 中国人民解放军根据需要配备文职干部。文职干部条例另定。
Article 64. The Chinese People's Liberation Army shall, when necessary, provide itself with civilian cadres. The regulations on civilian cadres shall be formulated separately.
第六十五条 本法自一九八四年十月一日起施行。
Article 65. This Law shall come into force on October 1, 1984
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