About The Thinging And Probing Into Zhe Clause Zhat Protect The Aimy Wedding Special In Our Country

The law of marriage is the typical codex that respect and ensure the citizen's private right.While safeguard and protecting the army wedding, we construct the distinctively Chinese wedding system of army;we should take the freedom of marriage as the most outstanding focal point.Through probing into the conflict between protecting army wedding specially and the principle of freedom of marriage,this paper plan to reflect the contradiction between free degree and the degree of justice and announce the function about the clause of protecting the army wedding specially that is only temporary mediation contradiction.The "exception clause" of protecting the army wedding specially has very heavy limitation.The clause that protects the army wedding specially has excessive principles of civil.It is meaningless that give soldier's right of the veto power of divorcing in this new historical period.In the new development of historical period,in order to make the clause more rational,we are probing and constructing the new balanced system of army wedding,and should enlarge and firm the intension of the procedure privately on the army wedding,revise the clause that protect the army wedding specially.Except its introduction and conclusion,this paper consists of the following four parts:Part one briefly introduce the construct and development of the clause that protect the army wedding specially in our country.This part primarily deals with conception and features of army wedding,combining together criminal stipulating and the army regulation,and making an analysis of the development about specially protecting army wedding's system in each historical period of our country and this part expound the purpose and meaning of the law system about specially protecting army wedding.Part two primarily state the limitation of the clause that protect the army specially in our country.From the view of legal principle, combining together history development and intensions of right and duty, this part explain the conflict between protecting army wedding specially and the principle of freedom of marriage.Through analyzing shortcoming of the "exception clause" in safeguarding the rights and interests of both side,and combining together with investigate the datum of soldier, this part show the limitation of the clause that protect the army wedding specially in our country,and have proved its only temporary protection army wedding,the clause does not correspond to society development.Part three concerns the essence and realistic meaning of the clause that protect the army wedding specially,to explain that the essence of clause is giving soldiers right of the veto power of divorcing,and through analyzing the result of investigate the datum of soldier,to explain that the clause of protecting army wedding has no use to steady the relation of army wedding.This part has proved that giving soldier's right of the veto power of divorcing is no sense in this new historical period.Part four mainly details some alternative measure to supply remedies for the protecting the army wedding specially,I provide certain instructive suggestion for current china's marriage law,which is building new balance system of protecting the army wedding,with analyzing and researching the necessity and feasibility of building new balance system.This part advance a suggestion that revise again protecting army wedding's clause,and prove the new balance system of army wedding to be the best method that ensure the soldier and spouse's legitimate right.