On October 19, Russian President Putin held a Russian Federation security meeting on the same day, announcing that Khlsson , Zaboroze , Luhansk and Donetsk have entered a "wartime state". As soon as the news came out, it shocked the world. This is the first time that the Kremlin Kremlin has announced its wartime state since World War II. Putin has previously called it a "special military operation" against Ukraine. The "wartime state" means that relevant regions will take more restrictive measures to strictly control infrastructure, public transportation, communications and personnel flow, demonstrating Russia's national will to strengthen its walls and clear its territory and never give in, marking a new stage in the Russian-Ukrainian conflict.
So, does my country have a "wartime state"? In a strict legal sense, our country has no "war state" to say, only the expression of "war state"!
1. Constitutional provisions on "State of War"
The Constitution stipulates that the National People's Congress decides on the issue of war and peace. The Standing Committee of the National People's Congress will decide the declaration of the state of war if it encounters an armed violation by the state or must implement the international treaty to jointly prevent aggression during the recess of the National People's Congress; decide on the national general or local mobilization; decide on the national or individual provinces, autonomous regions, and municipalities to enter a state of emergency.
Article 80 of the Constitution: In accordance with the decision of the National People's Congress and the decision of the Standing Committee of the National People's Congress, the President of the People's Republic of China promulgated the law, appointed and removed the Premier, Vice Premier, State Councilors, Ministers of various ministries, Directors of various committees, Auditor Generals, and Secretary-Generals of the State Council, awarded the country medals and honorary titles, issued the amnesty order, declared a state of emergency, declared a state of war, and issued a mobilization order.
Judging from the statement of the Constitution, a state of war is more serious than a state of emergency. In a state of war, mobilization is usually required, but a state of emergency is not certain.
2. State of emergency
When there is a state of emergency that seriously endangers the unity, security of the country or public security of society, and that does not take extraordinary measures to maintain social order and protect the safety of people's lives and property, the state may decide to implement martial law.
The martial law in the country or in some provinces, autonomous regions, and municipalities directly under the Central Government shall be submitted to the Standing Committee of the National People's Congress for the decision of the Standing Committee of the People's Republic of China; the President of the People's Republic of China shall issue a martial law order in accordance with the decision of the Standing Committee of the National People's Congress. The State Council shall decide the martial law in some areas within the scope of provinces, autonomous regions, and municipalities directly under the Central Government, and the Premier of the State Council shall issue a martial law order.
During the martial law period, the martial law enforcement agency may decide to take the following measures in the martial law area and may formulate specific implementation measures: 1. Prohibit or restrict gatherings, marches, demonstrations, street speeches and other crowd gatherings; 2. Prohibit strikes, market strikes, and class strikes; 3. Implement news controls; 4. Implement communications, postal and telecommunications controls; 5. Implement outbound and entry controls; 6. Any activities that oppose martial law are prohibited.
3. War state
War state refers to a situation in which the army enters the highest level of combat readiness and conducts full-scale war mobilization when national security is seriously threatened. A state of war usually begins when one or both sides declare war or one party uses force and the other party recognizes it as an act of war, and ends when the belligerent states conclude a peace treaty, the victorious states unilaterally declare or issue a joint statement with the defeated states. Once the belligerent countries enter a state of war, international law, including neutral legislation, will begin to apply, and thus a series of legal consequences will arise. For example, diplomatic and consular relations are generally cut off between the warring countries, the people and property of the belligerent countries are affected, and the treaty relations between the belligerent countries are affected to varying degrees. In armed conflicts where there is no state of war, there will be no legal consequences of the state of war, such as diplomatic relations may not be cut off, treaties and other relations may not be suspended, and property may not be affected. At the same time, since neutral legislation is not applicable, belligerent countries shall not exercise the right to inspect and arrest ships and aircraft of non-believer on the high seas, nor shall they impose blockades on enemy coasts and ports.
After the country declares the state of war, it will mobilize war, including unified management of transportation, network communication, news and public opinion; unified allocation and use of food, daily consumer goods and strategic materials; restrict the production of luxury goods and civilian products; domestic factories begin to serve the military and produce military industry needs; population registration, recall reserve personnel ; all other control and emergency measures required by war.
