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中华人民共和国预备役军官法(一)

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中华人民共和国预备役军官法
Reserve Officers Law of the People's Republic of China

(Adopted at the 13th Meeting of the Standing Committee of the Eighth National People 's Congress on May 10 1995, promulgated by Order No. 48 of the President of the People's Republic of China on May 10, 1995, and effective as of January 1, 1996)
颁布日期:19950510  实施日期:19960101  颁布单位:全国人大常委会

  Contents

  Chapter ⅠGeneral Provisions

  Chapter Ⅱ Sources and Selection of Reserve Officers

  Chapter Ⅲ Post Grades and Posts for Reserve Officers

  Chapter Ⅳ Military Ranks for Reserve Officers

  Chapter ⅤRegistration and Call-up of Reserve Officers

  Chapter ⅥTraining of Reserve Officers

  Chapter Ⅶ Benefits and Treatment for Reserve Officers

  Chapter Ⅷ Retirement of Reserve Officers

  Chapter Ⅸ Legal Liability

  Chapter ⅩSupplementary Provisions

  Chapter Ⅰ General Provisions

  Article 1 This Law is enacted in accordance with the Constitution and the Military Service Law for the Purpose of establishing a sound system of reserve officers, improving the mobilization system of the armed forces of the State, and strengthening the reserve forces for national defence.

  Article 2 The term “reserve officers” as used in this Law refers to the reservists who have been assigned reserve post grades at or above the level of platoon leader, or specialized technical post grades at or above the junior level, of the People's Liberation Army, granted corresponding military ranks for reserve officers, and registered with military service organs.

  Article 3 Reserve officers, by the nature of the posts they hold, shall be classified as operational officers, political officers, logistics officers and specialized technical officers.

  The reserve of officers, according to the needs of administration in peacetime and mobilization in wartime, comprises two classes: Class One consists of reserve officers who hold posts in reserve components or are pre- listed as officers for active components, and Class Two is composed of all other reserve officers.

  Article 4 Under the leadership of the State Council and the Central Military Commission, the General Political Department of the People's Liberation Army shall be the competent authority for the administration of reserve officers throughout the country.

  The political departments of the major military commands, provincial military commands (including garrison commands) and military sub- commands (including garrison commands) shall be responsible for the administration of reserve officers in their respective regions.

  The people's armed forces departments of the counties, autonomous counties, cities not divided into districts, and municipal districts (hereinafter generally referred to as the people's armed forces departments at the county level) shall be in charge of the specific administration of reserve officers in their respective administrative regions.

  Article 5 The departments concerned under the State Council and the local people's governments at various levels shall, in line with their division of responsibilities and in compliance with the provisions of this Law and other pertinent laws and regulations, do well the relevant work concerning the administration of reserve officers.

  Article 6 The units in which reserve officers work shall support the reserve officers in their participation in military training and performance of military duties or other obligations of military service, and render assistance in the administration of reserve officers.

  Article 7 Reserve officers shall abide by the Constitution, laws and regulations as well as the relevant military rules and regulations, participate in military training and military service activities, receive political education, enhance their organizing and commanding ability and their technical proficiency, and be ready at all times to respond to the call-up for active service.

  Article 8 The State protects the legitimate rights and interests of reserve officers according to law.

  Reserve officers shall enjoy such rights deriving from their reserve service as specified in this Law and such benefits and treatment as prescribed by the State.

  Article 9 Reserve officers who have made outstanding contributions during their performance of military duties shall be awarded honourable citations or citations for merit or conferred honourable titles in accordance with the relevant regulations of the Central Military Commission.

  Units which have made outstanding achievements in their work relating to reserve officers shall be commended or awarded in accordance with the relevant regulations.

  Chapter Ⅱ Sources and Selection of Reserve Officers

  Article l0 Reserve officers shall be selected from:

  (l) officers and civilian cadres released from active service;

  (2) soldiers released from active service;

  (3) cadres engaged in the work concerning affairs of people's armed forces and cadres of people's militia;

  (4) graduates from non-military institutions of higher learning; and

  (5) other citizens who meet the basic requirements for reserve officers.

  Article 11 Reserve officers shall meet the following basic requirements:

  (l) to be loyal to the motherland and to observe the Constitution, laws and regulations;

  (2) to obey orders and commands;

  (3) to meet the requirements for service age of reserve officers as specified in the present Law;

  (4) to have been released from active service or have received military professional training and passed due examinations, possessing the scientific and cultural knowledge and the organizing and commanding ability or the technical proficiency corresponding to their posts; and

  (5) to be in good health.

  Article l2 Plans for the selection of reserve officers shall be decided by the Central Military Commission and implemented by the General Political Department of the People's Liberation Army in conjunction with other departments concerned.

  Article l3 In regard to officers and civilian cadres released from active service to be selected as reserve officers as prescribed in Article l0 of this Law, the political departments of their military units at or above the regimental level shall raise proposals for transferring them to the reserve of officers, upon the approval of which by the prescribed authorities, they shall make registration as reserve officers with the people's armed forces departments at the county level in the localities of their resettlement.

  The selection of reserve officers from among persons other than those referred to in the preceding paragraph shall follow the procedures set forth below:

  (1) recommendation by the people's armed forces departments at the basic level or by the work units in accordance with the plans issued from higher authorities and the prescribed requirements;

  (2) verification and determination by the people's armed forces departments at the county level;

  (3) training by the units undertaking such missions;

  (4) examination and approval by the prescribed authorities; and

  (5) registration with the people's armed forces departments at the county level.

  Chapter III Post Grades and Posts for Reserve Officers

  Article l4 Post grades for operational, political and logistics reserve officers are: the level of division commander, the level of deputy division commander, the level of regiment commander, the level of deputy regiment commander, the level of battalion commander, the level of deputy battalion commander, the level of company commander, the level of deputy company commander, and the level of platoon leader.

  Post grades for specialized technical reserve officers are: the senior level, the intermediate level and the junior level.

  Article l5 Post grades shall be determined for persons who have been assigned to serve in the reserve of officers.

  The determination of post grades for persons who have been released from active service and transferred to the reserve officers shall be handled by the prescribed authorities as for officers in active service with corresponding post grades.

  Post grades for persons who are other than those referred to in the preceding paragraph and who serve in the reserve of officers shall be determined with the approval of the authorities prescribed below:

  (l) post grades for officers at the level of division commander or deputy division commander, or for specialized technical officers at the senior level shall be determined with the approval of the heads of units at the level of major military command;

  (2) post grades for officers at the level of regiment commander or deputy regiment commander, of for specialized technical officers at the intermediate level shall be determined with the approval of the heads of units at the corps level that have the power to appoint and remove officers; and

  (3) post grades for officers at the level of battalion commander or below, or for specialized technical officers at the junior level shall be determined with the approval of the heads of units at the divisional level that have the power to appoint and remove officers.

  Article 16 Reserve officers who hold posts in reserve components or are pre-listed as officers for active components, in addition to their post grades being determined in accordance with the provisions of Article l5 of the present Law, shall be appointed or removed in accordance with the limits of authority prescribed below:

  (l) officers at or above the level of deputy battalion commander and specialized technical officers at the senior, intermediate or junior level shall be appointed or removed in accordance with the provisions of the third paragraph of Article l5 of the present Law, and

  (2) officers at the level of company commander, deputy company commander or platoon leader shall be appointed or removed by the heads of units at the regimental level that have the power to appoint and remove officers.

  Article l7 Reserve officers shall be appraised. The appraisal shall be organized and conducted by the units in which they serve or by the military service organs in conjunction with local departments concerned in accordance with the relevant regulations of the State and in line with the division of responsibilities. The results of the appraisal shall be taken as the main basis for appointing or removing reserve officers.

  Article l8 The determination of post grades and the appointment and removal of reserve officers shall be handled pursuant to the procedures prescribed by the Central Military Commission.

  Chapter IV Military Ranks for Reserve Officers

  Article l9 Military ranks for reserve officers shall have the following eight grades under three categories:

  (1) Reserve Generals: reserve Major General;

  (2) Reserve field officers: reserve Senior Colonel, Colonel, Lieutenant Colonel and Major; and

  (3) Reserve junior officers: reserve Captain, Lieutenant and Second Lieutenant.

  Article 20 The ranks for reserve officers shall be differentiated as follows:

  (l) Operational, political and logistics reserve officers: reserve Major General, Senior Colonel, Colonel, Lieutenant Colonel, Major, Captain, Lieutenant and Second Lieutenant.

  For Naval and Air Force reserve officers, their ranks shall be prefixed by “Navy” and “Air Force” respectively.

  Article 2l The system of conferring military ranks by virtue of post grades shall be applied to reserve officers.

  The ranks for operational, political and logistics reserve officers by virtue of their post grades shall be as follows:

  Officers at the level of division commander: reserve Senior Colonel or Major General;

  Officers at the level of deputy division commander: reserve Colonel or Senior Colonel;

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

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

  Officers at the level of battalion commander: reserve Major or Lieutenant Colonel;

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

  Officers at the level of company commander: reserve Captain or Lieutenant;

  Officers at the level of deputy company commander: reserve Lieutenant or Captain, and

  Officers at the level of platoon leader: reserve Second Lieutenant or Lieutenant.

  The ranks for specialized technical reserve officers by virtue of their post grades shall be as follows:

  Senior specialized technical officers: specialized technical reserve Major General, Senior Colonel, Colonel, Lieutenant Colonel or Major;

  Intermediate specialized technical officers: specialized technical reserve Senior Colonel, Colonel, Lieutenant Colonel, Major or Captain; and

  Junior specialized technical officers: specialized technical reserve Lieutenant Colonel, Major, Captain, Lieutenant or Second Lieutenant.

  Article 22 The determination and conferment of military ranks on reserve officers shall be based on their post grades, their political integrity and professional competence, and their actual achievements.

  Article 23 The conferment of military ranks on reserve officers shall be approved in accordance with the limits of authority prescribed below:

  (l) The ranks of reserve Major General and Senior Colonel shall be conferred with the approval of the Chairman of the Central Military Commission;

  (2) The rank of reserve Colonel shall be conferred with the approval of the heads of units at the level of major military command;

  (3) The ranks of reserve Lieutenant Colonel and Major shall be conferred with the approval of the heads of units at the corps level that have the power to appoint and remove officers; and

  (4) The ranks of reserve Captain, Lieutenant and Second Lieutenant shall be conferred with the approval of the heads of units at the divisional level that have the power to appoint and remove officers.

  Article 24 The reserve ranks to be conferred on officers and civilian cadres who have been transferred to reserve service shall be determined on the basis of their original ranks or grades when they were in active service.

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