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文职人员作为我军重要的组成部分,与现役军人履行同类岗位相应职责,但其在职责履行过程中的犯罪是否适用军人违反职责罪却没有明确规定。法律上的模糊性缩小了军事刑法的调整空间,既无法保证文职人员职责的正确履行,又造成了司法实践中出现真空地带,难以切实有效保护军事利益。解决这一问题的最佳途径就是对相关法律进行立法完善,将文职人员职责履行中的犯罪适用军人违反职责罪。
Civilian personnel, as an important part of our army, have the same responsibilities as active military personnel in performing their duties in similar positions, but their crimes in the performance of their duties are not clearly stipulated in their application of crimes committed by servicemen in violation of their duties. The legal ambiguity narrows the space for adjustment of military criminal law. It can neither guarantee the correct performance of the duties of civilian personnel, but also creates a vacuum zone in judicial practice and makes it difficult to effectively and effectively protect military interests. The best way to solve this problem is to perfect the relevant laws and to apply the crimes in the performance of civil servants’ duties to crimes committed by servicemen who violate their duties.