Being confront with the necessity and cruelty of war, the original society will meet with dramatic transitions, and the order of the country will become chaotic. In addition, the procedure of lawsuit could not function normally. Therefore, well goes the old saying:"laws keep silent at war.", "no law during emergency." However, new rules of war behavior have emerged with the universality of human rights and the change of the war model. Traditional thought argues that the existence of wartime military justice is the key to expand military powers, to restrict human rights, to maintain order and discipline of the troops, and to fulfill the needs of war adjustment. This point putting core emphasis upon the value of order is the central argument of wartime military justice. Due to the probability of non-order status at war, the essence of wartime military justice should fall upon the idea to prevent Commanders from acting unrestrictedly through the excuse of 'war necessity', and to request that the state try "defendant" under the rule of law in order to fulfill impartial justice, while maintaining order and discipline of the troops.