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中华人民共和国预备役军官法-英汉对照法律英语

2010-12-16 14:55  来源:   纠错

  中华人民共和国预备役军官法

  Reserve Officers Law of the People's Republic of China

  第一章 总 则

  CHAPTER I GENERAL PROVISIONS

  第二章 预备役军官的来源和选拔

  CHAPTER II SOURCES AND SELECTION OF RESERVE OFFICERS

  第三章 预备役军官的职务等级和职务

  CHAPTER III POST GRADES AND POSTS FOR RESERVE OFFICERS

  第四章 预备役军官的军衔

  CHAPTER IV MILITARY RANKS FOR RESERVE OFFICERS

  第五章 预备役军官的登记和征召

  CHAPTER V REGISTRATION AND CALL-UP OF RESERVE OFFICERS

  第六章 预备役军官的培训

  CHAPTER VI TRAINING OF RESERVE OFFICERS

  第七章 预备役军官的待遇

  CHAPTER VII BENEFITS AND TREATMENT FOR RESERVE OFFICERS

  第八章 预备役军官的退役

  CHAPTER VIII RETIREMENT OF RESERVE OFFICERS

  第九章 法律责任

  CHAPTER IX LEGAL LIABILITY

  第十章 附 则

  CHAPTER X SUPPLEMENTARY PROVISIONS

  第一条 为了健全预备役军官制度,完善国家武装力量动员体制,加强国防后备力量建设,根据宪法和兵役法,制定本法。

  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.

  第二条 本法所称预备役军官是被确定为人民解放军预备役排级以上职务等级或者初级以上专业技术职务等级,被授予相应的预备役军官军衔,并经兵役机关登记的预备役人员。

  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.

  第三条 预备役军官按照职务性质分为军事军官、政治军官、后勤军官和专业技术军官。

  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.

  军官预备役按照平时管理和战时动员的需要,分为两类:在预备役部队任职的和预编到现役部队的预备役军官为第一类军官预备役;其他预备役军官为第二类军官预备役。

  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 prelisted as officers for active components, and Class Two is composed of all other reserve officers.

  第四条 全国的预备役军官管理工作在国务院、中央军事委员会领导下,由人民解放军总政治部主管。

  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.

  大军区、省军区(卫戍区、警备区)、军分区(警备区)政治部负责本区域的预备役军官管理工作。

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

  县、自治县、不设区的市、市辖区人民武装部(以下统称县人民武装部)负责本行政区域预备役军官的具体管理工作。

  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.

  第五条 国务院有关部门、地方各级人民政府应当根据职责分工,依照本法和有关法律、法规的规定,做好预备役军官的有关管理工作。

  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.

  第六条 预备役军官所在的工作单位,应当支持预备役军官参加军事训练、执行军事勤务和履行其他兵役义务,协助做好预备役军官管理工作。

  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.

  第七条 预备役军官应当遵守宪法和法律、法规以及军队的有关规章、制度,参加军事训练和军事勤务活动,接受政治教育,增强组织指挥能力和专业技能,随时准备应召服现役。

  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.

  第八条 国家依法保障预备役军官的合法权益。

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

  预备役军官享有本法规定的因服军官预备役而产生的权利,享受国家规定的有关待遇。

  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.

  第九条 对在履行兵役义务过程中做出突出贡献的预备役军官,应当依照中央军事委员会的有关规定给予嘉奖、记功或者授予荣誉称号。

  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.

  对在预备役军官工作中做出突出成绩的单位,应当依照有关规定给予表彰或者奖励。

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

  第二章 预备役军官的来源和选拔

  CHAPTER II SOURCES AND SELECTION OF RESERVE OFFICERS

  第十条 预备役军官从下列人员中选拔:

  Article 10 Reserve officers shall be selected from:

  (一)退出现役的军官和文职干部;

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

  (二)退出现役的士兵;

  (2) soldiers released from active service;

  (三)人民武装干部和民兵干部;

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

  (四)非军事的高等学校毕业学生;

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

  (五)符合预备役军官基本条件的其他公民。

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

  第十一条 预备役军官应当具备下列基本条件:

  Article 11 Reserve officers shall meet the following basic requirements:

  (一)忠于祖国,遵守宪法和法律、法规;

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

  (二)服从命令,听从指挥;

  (2) to obey orders and commands;

  (三)符合本法规定的服军官预备役的年龄;

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

  (四)退出现役或者接受过军事专业培训并经考核合格,具有与其职务相应的科学文化知识、组织指挥能力或者专业技能;

  (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

  (五)身体健康。

  (5) to be in good health.

  第十二条 选拔预备役军官的计划,由中央军事委员会确定,人民解放军总政治部会同有关部门组织实施。

  Article 12 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.

  第十三条 依照本法第十条的规定,从退出现役的军官和文职干部中选拔的预备役军官,由部队团级以上单位政治机关提出转服军官预备役的意见,按照规定的权限批准后,到安置地的县人民武装部办理预备役军官登记。

  Article 13 In regard to officers and civilian cadres released from active service to be selected as reserve officers as prescribed in Article 10 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.

  从前款规定以外的其他人员中选拔预备役军官,按照下列程序办理:

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

  (一)基层人民武装部或者所在单位按照上级下达的计划和规定的条件推荐;

  (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;

  (二)县人民武装部审核确认人选;

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

  (三)承训单位组织培训;

  (3) training by the units undertaking such missions;

  (四)按照规定的权限审批;

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

  (五)县人民武装部办理预备役军官登记。

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

  第三章 预备役军官的职务等级和职务

  CHAPTER III POST GRADES AND POSTS FOR RESERVE OFFICERS

  第十四条 预备役军事、政治、后勤军官的职务等级设置为:正师职、副师职、正团职、副团职、正营职、副营职、正连职、副连职、排职。

  Article 14 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.

  预备役专业技术军官的职务等级设置为:高级专业技术职务、中级专业技术职务、初级专业技术职务。

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

  第十五条 对被确定服军官预备役的人员,应当确定职务等级。

  Article 15 Post grades shall be determined for persons who have been assigned to serve in the reserve of officers.

  退出现役转服军官预备役的人员,其职务等级的确定依照现役军官相应职务等级的任免权限办理。

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

  前款规定以外的其他服军官预备役的人员,其职务等级的确定依照下列规定的权限批准:

  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:

  (一)师级军官职务等级和高级专业技术军官职务等级的确定,由大军区级单位正职首长批准;

  (1) 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;

  (二)团级军官职务等级和中级专业技术军官职务等级的确定,由有军官职务任免权的军级单位正职首长批准;

  (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

  (三)营级以下军官职务等级和初级专业技术军官职务等级的确定,由有军官职务任免权的师级单位正职首长批准。

  (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.

  第十六条 在预备役部队和预编到现役部队任职的预备役军官,除依照本法第十五条的规定确定职务等级外,其职务依照下列规定的权限任免:

  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 15 of the present Law, shall be appointed or removed in accordance with the limits of authority prescribed below:

  (一)营级以上军官职务和高级、中级、初级专业技术军官职务的任免权限,依照本法第十五条第三款规定执行;

  (1) 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 15 of the present Law; and

  (二)正连职、副连职、排职军官职务,由有军官职务任免权的团级单位正职首长任免。

  (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.

  第十七条 对预备役军官应当进行考核。考核工作由预备役军官所在部队或者兵役机关会同地方有关部门,根据国家有关规定,按照职责分工,共同组织实施。考核结果作为任免预备役军官职务的主要依据。

  Article 17 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.

  第十八条 预备役军官职务等级的确定和职务的任免,按照中央军事委员会规定的程序办理。

  Article 18 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.

  第四章 预备役军官的军衔

  CHAPTER IV MILITARY RANKS FOR RESERVE OFFICERS

  第十九条 预备役军官军衔设下列三等八级:

  Article 19 Military ranks for reserve officers shall have the following eight grades under three categories:

  (一)预备役将官:预备役少将;

  (1) Reserve Generals: reserve Major General;

  (二)预备役校官:预备役大校、上校、中校、少校;

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

  (三)预备役尉官:预备役上尉、中尉、少尉。

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

  第二十条 预备役军官军衔分为:

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

  (一)预备役军事、政治、后勤军官:预备役少将、大校、上校、中校、少校、上尉、中尉、少尉;

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

  海军、空军预备役军官,在军衔前分别冠以“海军”、“空军”。

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

  第二十一条 预备役军官实行职务等级编制军衔。

  Article 21 The system of conferring military ranks by virtue of post grades shall be applied to reserve officers.

  预备役军事、政治、后勤军官实行下列职务等级编制军衔:

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

  正师职:预备役大校、少将;

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

  副师职:预备役上校、大校;

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

  正团职:预备役上校、中校;

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

  副团职:预备役中校、少校;

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

  正营职:预备役少校、中校;

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

  副营职:预备役上尉、少校;

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

  正连职:预备役上尉、中尉;

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

  副连职:预备役中尉、上尉;

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

  排 职:预备役少尉、中尉。

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

  预备役专业技术军官实行下列职务等级编制军衔:

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

  高级专业技术职务:预备役专业技术少将、大校、上校、中校、少校;

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

  中级专业技术职务:预备役专业技术大校、上校、中校、少校、上尉;

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

  初级专业技术职务:预备役专业技术中校、少校、上尉、中尉、少尉。

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

  第二十二条 评定和授予预备役军官军衔,以预备役军官职务等级、德才表现和工作实绩为依据。

  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.

  第二十三条 授予预备役军官军衔,依照下列规定的权限批准:

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

  (一)预备役少将、大校,由中央军事委员会主席批准授予;

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

  (二)预备役上校,由大军区级单位正职首长批准授予;

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

  (三)预备役中校、少校,由有军官职务任免权的军级单位正职首长批准授予;

  (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

  (四)预备役上尉、中尉、少尉,由有军官职务任免权的师级单位正职首长批准授予。

  (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.

  第二十四条 转服军官预备役的军官和文职干部,其预备役军官军衔,按照其原现役军官军衔等级或者文职干部级别确定。

  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.

  第二十五条 预备役军官军衔,依照下列规定晋级:

  Article 25 The rank promotion of reserve officers shall be conducted as prescribed below:

  (一)被批准退出现役转服军官预备役的军官,其军衔已满晋升年限,符合规定条件的,其预备役军官军衔可以比其原现役军官军衔等级高一级;

  (1) Where an officer has been approved to be released from active service and transferred to reserve service, if the prescribed interval for rank promotion has expired and the specified requirements have been satisfied, his reserve rank may be one grade higher than his rank when he was in active service;

  (二)预备役军官由于职务等级提升,其军衔低于新任职务等级编制军衔的最低军衔的,提前晋升至新任职务等级编制军衔的最低军衔;

  (2) Where a reserve officer has been appointed to a higher post grade and his rank is lower than the lowest rank by virtue of his new post grade, he shall be promoted ahead of time to the lowest rank by virtue of his new post grade;

  (三)预备役少尉至预备役上校军官,符合规定条件和晋升年限的,可以在职务等级编制军衔范围内,逐级晋升预备役军官军衔;

  (3) Where reserve officers from reserve Second Lieutenant to reserve Colonel meet the specified requirements and the prescribed intervals for rank promotion, their reserve ranks may be promoted grade by grade by virtue of their post grades.

  (四)预备役大校晋升预备役少将,实行选升;

  (4) Where reserve Senior Colonels are promoted to reserve Major Generals, selective promotion shall be practised.

  (五)预备役军官在履行兵役义务过程中有突出功绩的,其预备役军官军衔可以提前晋级。

  (5) Where reserve officers have made outstanding contributions during their performance of military service, their reserve ranks may be promoted ahead of schedule.

  晋升预备役军官军衔的条件、年限和程序,由中央军事委员会规定。

  The requirements, intervals and procedures for promotion of reserve ranks shall be prescribed by the Central Military Commission.

  第二十六条 预备役军官军衔的晋级,按照下列规定的权限批准:

  Article 26 The rank promotion of reserve officers shall be approved in accordance with the limits of authority prescribed below:

  (一)预备役大校晋升预备役少将、预备役上校晋升预备役大校,由中央军事委员会主席批准;

  (1) The promotion from reserve Senior Colonel to reserve Major General or from reserve Colonel to reserve Senior Colonel shall be approved by the Chairman of the Central Military Commission;

  (二)预备役中校晋升预备役上校,由大军区级单位正职首长批准;

  (2) The promotion from reserve Lieutenant Colonel to reserve Colonel shall be approved by the heads of units at the level of major military command;

  (三)预备役少校晋升预备役中校、预备役上尉晋升预备役少校,由有军官职务任免权的军级单位正职首长批准;

  (3) The promotion from reserve Major to reserve Lieutenant Colonel or from reserve Captain to reserve Major shall be approved by the heads of units at the corps level that have the power to appoint and remove officers.

  (四)预备役中尉晋升预备役上尉、预备役少尉晋升预备役中尉,由有军官职务任免权的师级单位正职首长批准。

  (4) The promotion from reserve Lieutenant to reserve Captain or from reserve Second Lieutenant to reserve Lieutenant shall be approved by the heads of units at the divisional level that have the power to appoint and remove officers.

  第二十七条 预备役军官违反军纪的,按照中央军事委员会的有关规定,可以给予军衔降级处分。批准预备役军官军衔降级的权限,与批准授予该级预备役军官军衔的权限相同。

  Article 27 Any reserve officer who has violated military discipline may be punished by demotion in rank in accordance with the relevant regulations of the Central Military Commission. The limits of authority for approving the demotion in rank for reserve officers shall be the same as those for approving the conferment of the rank.

  预备役军官军衔降级不适用于预备役少尉军官。

  The demotion in rank for reserve officers shall not be applicable to reserve officers with the rank of reserve Second Lieutenant.

  第二十八条 对被取消预备役军官身份的人员,应当取消其预备役军官军衔。批准取消预备役军官军衔的权限,与批准授予该级预备役军官军衔的权限相同。

  Article 28 Where a person has been deprived of his status as a reserve officer, his reserve rank shall be annulled. The limits of authority for approving the annulment of a reserve rank shall be the same as those for approving the conferment of the rank.

  第二十九条 预备役军官犯罪,被依法判处剥夺政治权利或者三年以上有期徒刑的,应当剥夺其预备役军官军衔。批准剥夺预备役军官军衔的权限,与批准授予该级预备役军官军衔的权限相同。

  Article 29 Where a reserve officer has committed a crime and has been deprived of his political rights or sentenced to fixed-term imprisonment of three years or more in accordance with law, he shall be deprived of his reserve rank. The limits of authority for approving the deprivation of a reserve rank shall be the same as those for approving the conferment of the rank.

  第三十条 预备役军官退出预备役后,其预备役军官军衔予以保留,在其军衔前冠以“退役”。

  Article 30 Where a reserve officer has been retired from reserve service, his rank shall be preserved and prefixed with "retired".

  第三十一条 预备役军官军衔的肩章、符号标志式样及佩带办法,由中央军事委员会颁布。

  Article 31 Patterns of epaulets and insignias for reserve ranks and the ways of wearing them shall be promulgated by the Central Military Commission.

  第五章 预备役军官的登记和征召

  CHAPTER V REGISTRATION AND CALL-UP OF RESERVE OFFICERS

  第三十二条 预备役军官的登记,由县人民武装部办理。

  Article 32 The registration of reserve officers shall be conducted by the people's armed forces departments at the county level.

  退出现役被确定转服军官预备役的人员,向地方安置部门报到时办理预备役军官登记;其他人员在被确定服军官预备役的同时办理预备役军官登记。

  Persons who have been released from active service and assigned to be transferred to the reserve of officers shall be registered as reserve officers at the time when they checked in at the local departments in charge of their resettlement affairs; other persons shall be registered as reserve officers at the same time when they have been assigned to serve in the reserve of officers.

  被确定服军官预备役的在国家机关、社会团体、企业事业单位工作的人员,到工作单位所在地的县人民武装部办理预备役军官登记;被确定服军官预备役的其他人员,到户籍所在地的县人民武装部办理预备役军官登记。

  Persons who work in State organs, public organizations, enterprises or institutions and have been assigned to serve in the reserve of officers shall register as reserve officers with the people's armed forces departments at the county level in the regions where their work units are located; other persons who have been assigned to serve in the reserve of officers shall register as reserve officers with the people's armed forces departments at the county level in the regions where they made household registration.

  第三十三条 预备役军官因工作调动或者迁居需要变更预备役军官登记地的,应当办理转出手续,并自到达新的工作单位或者居住地之日起三十日内,到所在地的县人民武装部办理转入手续。

  Article 33 Reserve officers who need to change the places of their registration as reserve officers due to the transfer of their work or the change of their residence shall go through the procedures of transferring their registration of reserve service out from the original places, and shall, within 30 days from their arrival at the new work units or the new residence, go through the procedures of transferring their registration in at the people's armed forces departments at the county level in the regions where they work or reside.

  第三十四条 预备役军官有下列情形之一的,应当由县人民武装部注销其预备役军官登记:

  Article 34 Where reserve officers fall into one of the following circumstances, their registration as reserve officers shall be cancelled by the people's armed forces departments at the county level:

  (一)退出预备役的;

  (1) having been retired from reserve service;

  (二)出国定居的;

  (2) having settled down abroad;

  (三)死亡的;

  (3) having been dead; or

  (四)被取消预备役军官身份的。

  (4) having been deprived of the status as a reserve officer.

  第三十五条 县人民武装部必须按照规定对在本行政区域内登记的预备役军官,每年进行一次核对,并逐级统计上报。

  Article 35 The people's armed forces departments at the county level shall make annual checks on the registered reserve officers in their respective administrative regions in accordance with the relevant regulations, and the statistics so obtained shall be reported to higher authorities level by level.

  第三十六条 预备役军官接到征召的通知后,必须按照规定时间到指定地点报到;由于伤病等原因暂时不能应召的,经县人民武装部核实,并报上一级兵役机关批准,可以暂缓应召。

  Article 36 Reserve officers shall report for duty at the designated places within the prescribed time after they have received the notice for call-up; in cases anyone is unable for the time being to respond to the call because of injury, sickness or other reasons, his call-up may be postponed, provided the case has been verified by the people's armed forces department at the county level and approved by the organ of military service at the next higher level.

  第六章 预备役军官的培训

  CHAPTER VI TRAINING OF RESERVE OFFICERS

  第三十七条 未服过现役或者未接受过军事专业培训的人员,被选拔为预备役军官的,在确定预备役军官职务等级前,应当接受军事专业培训。

  Article 37 Where persons who have never served in active service nor received military professional training have been selected to be reserve officers, they shall take such training before their post grades for reserve officers are determined.

  第三十八条 预备役军官在服预备役期间,应当依照兵役法和本法的规定接受军事训练和政治教育。

  Article 38 Reserve officers shall receive military training and political education during their term of reserve service in compliance with the provisions of the Military Service Law and the present Law.

  第三十九条 国务院和中央军事委员会在必要的时候,可以决定对预备役军官实施应急训练。预备役军官必须按照规定接受应急训练。

  Article 39 The State Council and the Central Military Commission may, when necessary, decide that emergency training shall be conducted with respect to reserve officers. Reserve officers must receive such emergency training as prescribed.

  第四十条 预备役军官的军事训练大纲和政治教育计划,由人民解放军总参谋部、总政治部、总后勤部制定。

  Article 40 Programs for military training and plans for political education for reserve officers shall be formulated by the General Staff, the General Political Department and the General Logistics Department of the People's Liberation Army.

  第四十一条 在预备役部队或者预编到现役部队任职的预备役军官的培训,由其所在部队组织实施;其他预备役军官的培训,由兵役机关组织实施。预备役军官所在工作单位和当地人民政府有关部门应当予以协助。

  Article 41 The training of reserve officers who hold posts in reserve components or are pre-listed as officers for active components shall be organized and conducted by the units in which they serve; the training of other reserve officers shall be organized and conducted by the organs of military service. The work units of reserve officers and the departments concerned of the local people's governments shall provide assistance in this connection.

  第七章 预备役军官的待遇

  CHAPTER VII BENEFITS AND TREATMENT FOR RESERVE OFFICERS

  第四十二条 预备役军官履行兵役义务的工作实绩,应当作为所在单位晋升其职务、工资等级的依据之一;立功或者被授予荣誉称号的,享受国家和地方给予同等立功受奖者的奖励和优待。

  Article 42 The actual achievements made by reserve officers in their performance of military duties shall be taken as one of the criteria by their work units in the promotion of their posts or the increase in their wages. Reserve officers who have been awarded citations for merit or conferred honourable titles shall enjoy the same rewards and preferential treatment as granted by the State or local authorities to persons who have been awarded such citations for merit or conferred such honourable titles.

  第四十三条 预备役军官参加军事训练、执行军事勤务期间,应当按照规定着装;参加国庆节、建军节或者其他重大庆典活动的,可以着预备役军官制式服装,并佩带预备役军官军衔肩章、符号标志。

  Article 43 Reserve officers shall be dressed as required when they participate in military training or carry out military duties. On the occasion of taking part in important celebration activities such as on the National Day and the Army Day, they may wear reserve officers uniforms with epaulets and insignias indicating their reserve ranks.

  第四十四条 预备役军官参加军事训练、执行军事勤务期间,其工作单位是国家机关、社会团体、企业事业单位的,由其所在单位照发工资和奖金,其享受的福利待遇不变。

  Article 44 During the period when reserve officers working in State organs, public organizations, enterprises or institutions are participating in military training or carrying out military duties, their wages and bonuses shall be paid in full by their work units, and the benefits and treatment they are entitled to shall not be affected.

  前款规定以外的其他预备役军官参加军事训练、执行军事勤务期间,应当给予误工补贴,具体办法和标准由省、自治区、直辖市人民政府规定。

  Reserve officers other than those referred to in the preceding paragraph shall be given subsidies for their loss of working time during the period when they are participating in military training or carrying out military duties. Specific measures and standards therefor shall be stipulated by the people's governments of the provinces, autonomous regions or municipalities directly under the Central Government.

  预备役军官参加军事训练、执行军事勤务按照国家规定给予伙食补助,报销往返差旅费。

  When reserve officers participate in military training or carry out military duties, food allowances shall be provided and their to-and-fro traveling expenses reimbursed in accordance with the regulations of the State.

  第四十五条 对按照规定参加军事训练并完成训练任务的预备役军官,按照其职务等级发给适当补贴。补贴标准由财政部和人民解放军总参谋部、总政治部、总后勤部制定,所需经费由中央财政保障。

  Article 45 Reserve officers who participate in military training and accomplish training tasks as required shall be given appropriate subsidies on the basis of their post grades. Standards of subsidies shall be formulated by the Ministry of Finance jointly with the General Staff, the General Political Department and the General Logistics Department of the People's Liberation Army, and the funds thus needed shall be guaranteed by the Central Government.

  第四十六条 预备役军官在参加军事训练、执行军事勤务等军事活动中牺牲、伤残的,参照国家关于军人抚恤优待的规定办理。

  Article 46 Where reserve officers have died or become disabled in the course of their performance of military activities such as military training and military duties, the relevant affairs shall be handled with reference to the regulations of the State in respect of pensions and preferential treatment granted to the families of the deceased servicemen or to the disabled servicemen.

  第八章 预备役军官的退役

  CHAPTER VIII RETIREMENT OF RESERVE OFFICERS

  第四十七条 预备役军官达到平时服预备役最高年龄时,应当退出预备役。

  Article 47 Reserve officers shall be retired from reserve service when they have attained the maximum age for reserve service in peacetime.

  第四十八条 预备役军事、政治、后勤军官平时服预备役的最高年龄:

  Article 48 The maximum age for reserve service of operational, political and logistics reserve officers in peacetime shall be:

  担任师级职务的,五十五岁;

  55 for reserve officers at the divisional level;

  担任团级职务的,五十五岁;

  55 for reserve officers at the regimental level;

  担任营级职务的,五十岁;

  50 for reserve officers at the battalion level;

  担任连级职务的,四十五岁;

  45 for reserve officers at the company level; and

  担任排级职务的,四十岁。

  40 for reserve officers at the platoon level.

  少数预备役军官确因工作需要,经过批准,平时服预务的,五十岁;担任连级职务的,四十五岁;担任排级职务的,四十岁。 少数预备役军官确因工作需要,经过批准,平时服预备役的最高年龄可以适当延长,但是延长的年龄不得超过五岁。

  The maximum age for reserve service in peacetime may be appropriately extended for a small number of reserve officers, provided this is necessitated by work and duly approved, however, the maximum age shall not be extended for more than 5 years.

  第四十九条 预备役专业技术军官平时服预备役的最高年龄:

  Article 49 The maximum age for reserve service of specialized technical officers in peacetime shall be:

  担任高级专业技术职务的,六十岁;

  60 for specialized technical reserve officers at the senior level;

  担任中级专业技术职务的,五十五岁;

  55 for specialized technical reserve officers at the intermediate level; and

  担任初级专业技术职务的,五十岁。

  50 for specialized technical reserve officers at the junior level.

  第五十条 未达到平时服预备役最高年龄的预备役军官,由于伤病残或者其他原因不能继续服预备役的,应当退出预备役。

  Article 50 Reserve officers who have not reached the maximum age for reserve service in peacetime shall be retired from reserve service when they are unable to continue to perform reserve service due to their injuries, sickness, disability or other reasons.

  第五十一条 预备役军官退出预备役的批准权限,与本法第十五条第三款规定的权限相同。

  Article 51 The limits of authority for approving the retirement of reserve officers from reserve service shall be the same as those prescribed in paragraph 3 of Article 15 of the present Law.

  第五十二条 预备役军官参加军事训练、执行军事勤务期间,违反纪律的,依照中央军事委员会的有关规定给予行政处分;构成犯罪的,依法追究刑事责任。

  Article 52 Any reserve officer who has violated discipline during the period when he is participating in military training or carrying out military duties shall be given administrative sanctions in accordance with the relevant regulations of the Central Military Commission; those whose act has constituted a crime shall be investigated for criminal responsibility according to law.

  第五十三条 预备役军官拒绝或者逃避登记、军事训练,经教育拒不改正的,由当地人民政府强制其履行兵役义务。

  Article 53 Any reserve officer who has refused or evaded the registration or military training and refused to correct their mistakes after persuasion shall be compelled to perform his obligations of military service by the local people's government.

  在战时,预备役军官拒绝、逃避征召或者军事训练,情节严重的,依法追究刑事责任。

  In wartime, any reserve officer who has refused or evaded the call-up or military training shall be investigated for criminal responsibility according to law if the circumstances are serious.

  第五十四条 在预备役军官管理工作中,收受贿赂、营私舞弊,或者玩忽职守致使预备役工作遭受严重损失,构成犯罪的,依法追究刑事责任;未构成犯罪的,依法给予行政处分。

  Article 54 Whoever, in his work of the administration of reserve officers, takes bribes, engages in malpractices for selfish ends or causes serious losses to work of reserve service because of his dereliction of duty shall be investigated for criminal responsibility according to law if the case constitutes a crime, or shall be given administrative sanctions if the case does not constitute a crime.

  阻挠预备役军官参加军事训练、执行军事勤务,或者履行其他兵役义务的,由当地人民政府责令改正;拒不改正的,对直接责任人员依法给予行政处分。

  Whoever obstructs reserve officers from participating in military training, carrying out military duties or performing other obligations of military service shall be ordered by the local people's government to make rectification, where no rectification is made, administrative sanctions shall be given according to law to the persons who are directly responsible for the case.

  第十章 附 则

  CHAPTER X SUPPLEMENTARY PROVISIONS

  第五十五条 中国人民武装警察部队退出现役的人员,服人民解放军军官预备役的,适用本法。

  Article 55 The present Law shall apply to the persons released from active service in the Chinese People's Armed Police Force and assigned to reserve service as reserve officers of the People's Liberation Army.

  第五十六条 本法自1996年1月1日起施行

  Article 56 These present Law shall come into force as of January 1, 1996.

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