Research On The Legal Systems Governing Armymen's Insurance

Armymen's insurance systems have been emphasized in many countries around the world. With the continuous perfection of Chinese social insurance systems, the establishment of Chinese armymen's insurance systems has been an extremely urgent issue and has become a core pillar of social insurance. Since Chinese social insurance has not incorporated armymen's insurance into its coverage all along, the social insurance rights which should be enjoyed by armymen are unable to be safeguarded, with compromise to the officers' and men's enthusiasm for self-devotion to the national defense to some extent. In this dissertation, through the research on the legal systems governing armymen's insurance, the writer puts forward the opinions of own, with a view to the research and development of armymen's insurance in China.The writer had been in the army for 21 years, engaged in judicial work and the people' complaint handling in the organs of corps and military district, where the writer received many visitors complaining of the issues arising from armymen's insurance; while the existing armymen's security systems are not in a position to develop solutions to such issues. Therefore, the writer proceeded to collect related data especially on the latest trend of armymen's insurance systems, including the development and movement of foreign armies' insurance systems and Chinese social insurance systems. Under the Law of the People's Republic of China on National Defense promulgated in 1997, the state's implementation of armymen's insurance systems is established for the first time in the form of basic law, subsequently comes the gradually deepening and spreading research and legislation of armymen's insurance. However, it has been a regret that, in the area of legislation, the low legislation level leads to the seriously immethodical regulations; in the area of theoretical research, the focus on political and economic factors leads to the analysis in the perspective of law. Starting from the understructure, the writer first clarifies some basic legal issues on armymen's insurance; then the writer provides some tentative ideas on the establishment of Chinese armymen's insurance systems; at last, on the basis of the above, the writer analyzes the specific legal systems on armymen's insurance and further raises the feasibility opinions.Chapter 1 elaborates the understructure of Chinese legal systems on armymen's insurance. First is the analysis of the legal basis of the establishment of armymen's insurance systems, the essence of armymen's insurance and the legal relationship of armymen's insurance; second comes the value of the establishment of legal systems on armymen's insurance in the perspective of the assurance of armymen's legal rights and interests, the governance of army according to law and the perfection of state legal systems on social security; then comes the conclusion of the special function of armymen's insurance out of the horizontal comparison between the local social insurance closely related to armymen's insurance and other social security and commercial insurance areas for armymen.Chapter 2 includes the tentative ideas raised by writer with respect to the establishment and perfection of Chinese legal systems on armymen's insurance. As the current circumstances are, the legal system on armymen's insurance has progressed a lot, but many issues still allows no optimism, for which most of the reasons come from the perfection level of state's social insurance systems, the productivity level, the armymen's awareness of rights and interests upholding and the maturity level of commercial insurance. The legal systems on armymen's insurance depend on the basic principles of related legislation while the specificity of armymen's career determines the specificity of armymen's insurance legislation principles. In the writer's opinion, the armymen's insurance legislation principles should be the preferential insurance treatment, the promotion of battle effectiveness, the reduct...