Chinese leader Xi Jinping signs order for revision to the rules on military legislation

Revised regulations take effect on March 1 and aim to standardise working systems, according to Xinhua
Military law expert says move is essential in context of the past decade of reform and for war readiness

China’s military

Amber Wangin Beijing

Published: 6:20pm, 23 Jan 2024

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A revision to the regulations on China’s military legislation will be rolled out from March 1, state news agency Xinhua reported on Monday.

It said President Xi Jinping – who also heads the military’s top decision-making and command body, the Central Military Commission – had signed an order for the revised regulations to be implemented.

The revised regulations aim to standardise the working systems of the country’s military legislation and are part of efforts to promote Xi’s strategy of “running the military in accordance with the law”, according to the report. It said they were significant for strengthening military governance.

Xi Jinping heads the military’s top decision-making and command body. Photo: AFP

The full text of the revised regulations has yet to be released.

The Xinhua report said the revision sets out basic principles, legislative authorities and specific legislative procedures.

It said the revised regulations “implement Xi Jinping Thought on strengthening the military” – referring to the Chinese leader’s political doctrine. They also establish “comprehensive and systematic” rules on the legislative work system and mechanisms within the military, based on the Legislation Law, which was revised in March last year.

Regulations on military legislation are drawn up by the Central Military Commission, according to the existing regulations introduced in 2017. The five theatre commands of the People’s Liberation Army, as well as its services and branches, can also devise their own military rules in line with the overarching regulations.

It comes as China has been tightening military legislation in recent years in the face of a more complex geopolitical environment, especially its rivalry with the United States.

Tensions are rising in the South China and East China seas, and also the Taiwan Strait. In self-ruled Taiwan, the independence-leaning Democratic Progressive Party was re-elected earlier this month after Beijing had warned that a DPP win could increase the risk of conflict across the strait.

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New regulations on military transport and force projection took effect on January 1, aimed at promoting the “modernisation” of the PLA.

That came after revised rules on the recruitment of soldiers – including for the first time on wartime recruitment – were introduced in April. Another resolution passed in February last year gave the military the power to change how it applies the Criminal Procedure Law during wartime.

In June, Xi also signed an order for new guidelines on “non-war military activities” to be implemented. Its text was not made public, prompting speculation about the purpose.

Beijing-based military law expert Xie Dan said the revision to regulations on military legislation was essential in the context of the past decade of reform as well as for war readiness.

Xie said legislation related to the military needed to be strengthened given the current geopolitical context. “The technical work [on military legislation] needs to be improved urgently, and it will be necessary to improve the relevant rules and systems,” Xie said.