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当下,学界基于军职罪犯罪主体的缺陷提出将外籍军人纳入我国军职罪的适用主体,此种观点有其产生根源,但深层次分析后亦会发现其存在诸多成立障碍。本文旨在阐述不宜将外籍军人纳入我国军职罪之适用主体,并对解决外籍军人中特殊主体武官在我国犯罪这一问题提出相应的惩罚措施。
At present, academics have put forward the application of foreign military personnel to the applicable subject of military crimes based on the defects of the main body crime criminals. This view has its origin, but after the deep analysis, it also finds many obstacles to its establishment. The purpose of this article is to elaborate on the applicable subjects that should not include foreign military personnel in the crime of military service in our country and to put forward corresponding punitive measures to solve the problem of the crime of the special main body military officers among foreign military personnel in our country.