Research On The Legal System Of Military Service With Chinese Characteristics In The New Era

The military service legal system is an important military legal system of the country and the basis and legal guarantee for the country's military service.The 19 th National Congress of the Communist Party of China has clearly stated:“We will further the reform of major policy systems containing the military service system.We will push ahead with transformation of military management,and improve and develop our distinctively Chinese socialist military institutions.”The study and analysis of the jurisprudence value contained in the military service legal system under the guidance of Marxist legal theory is the foundation of scientific formulation of the socialist military service legal system with Chinese characteristic in the new era.The dissertation is divided into five chapters according to the logical sequence of "rational analysis,historical evolution,value positioning,internal & external environment,and the way to perfection".The first chapter focuses on the rational understanding of the legal system of military service with Chinese characteristics in the new era.Starting from the basic concepts,the substantive and procedural rules of the military service legal system,this part defines scientifically the connotation and extension of the military service legal system,and analyzes systematically the main characteristics and status of the military service legal system with Chinese characteristics in the new era,so as to provide theoretical basis for the research.The second chapter is the historical development and current situation analysis of China's military service legal system.Based on the three stages of ancient times,modern times and New China period,this part sorts out the development of China's military service legal system.Furthermore,this part analyzes systematically the current status of China's military service legal system by researching the aspects of system composition,substantive connotation and main issues.Besides,this part proposes the new requirements for the military service legal system with Chinese characteristics in the new era,which contains the more scientific and complete military service legal system,the more suitable active military system meeting the needs of modernized local wars,and the more suitable retired military system satisfying the people's yearning for a better life.The third chapter reveals the value orientation of the legal system of military service with Chinese characteristics in the new era from five aspects.The first is the value integration of obligations and rights of the military service.The second is the orderly unity of national value and personal value.The third is the integration of formal justice and substantive justice.The fourth is the organic unity of fairness and efficiency.The fifth is the orderly adjustment of the rights to peace and the right to development.These contents fully demonstrate the fairness and justice of the legal system of military service with Chinese characteristics in the new era and the superiority of socialism.The fourth chapter demonstrates the internal and external environment for the construction of the legal system of military service with Chinese characteristics in the new era.This part objectively analyzes the international and domestic environment faced by the construction of the legal system for military service with Chinese characteristics in the new era,which is full of both favorable and unfavorable factors and is the foundation of the construction of the legal system for military service in the new era.This part is divided into 5 aspects.Firstly,China's rapid social and economic development has increased national defense strength.Secondly,China's overall security situation is not optimistic where local war threats always exist.Thirdly,high-tech local wars need high-quality soldiers.Fourthly,preferential treatment of soldiers has become the inherent consensus of the military service legal system,and the rights and interests of soldiers have been effectively safeguarded.Last but not least,the quality of the only-child soldiers in the military is not optimistic,and the physical fitness of recruited youth has declined significantly.The fifth chapter shows the way to improve the military service legal system with Chinese characteristics in the new era.This part mainly puts forward a series of countermeasures from the perspective of the construction of the military service legal system to provide a reference for the national military service organs to carry out the construction of the military service legal system.The first is to build a scientific legal service system for military service with Chinese characteristics in the new era.The second is to improve vigorously the quality of the military service legal system with Chinese characteristics in the new era.The third is to comprehensively strengthen the implementation of the military service legal system with Chinese characteristics in the new era.It is necessary to accelerate the construction of the legal system of the military service with Chinese characteristics in the new era,fully embody the core values of socialist fairness and justice,continue to provide the country with high-quality military personnel and ensure the overall security of the country to promote the overall economic and social development and provide a strong guarantee for the realization of the great rejuvenation of the Chinese nation.