Research On The Special Protection Rules Of Military Marriage

Special protection rules to the marriage of military personnel, with the discrimination with ordinary marriage in the provisions of the law is of Chinese characteristics, as well as a deep historic traditions of the legal system before the new 2001 marriage law changed, the special protection rules of military marriage has caused extensive public discussion, an article of exception was added in the new marriage, article 33, namely: when the spouse of a service member requests a divorce, it must be agreed to be subject to the military, but there is a exception if the military side has a major fault. In this paper, using the form of legislation to implement the special protection rules of military marriage is an absence of a reasonable legal basis, and a validity of the lack of realistic and practical. This paper not only for the legislative building of abolition of the special protection rules of military marriage, but also to further the interests of the military in the idea of encouragement and welfare.The text consists of three chapters.Chapter one is an overview of the China's current the special protection rules of military marriage. The overview contains two parts. The first part is the analysis of the military marriage. The analysis includes the related conceptions and the legislative intent of the military marriage. The second part is a investigation of the origins the special protection rules of military marriage.Chapter two is an analysis of China's the special protection rules of military marriage data, from the historical study and practical arguments. From a historical study, we can conclude that the special protection rules of military marriage has deep historic traditions in the legal system, and from a practical review of controversial contrast, the persons in favor of abolition gradually accounts for the tendency of the majority. Chapter three is the analysis of the special protection rules of military marriage, from the legal value, the validity of the specific reality, and the legal system requirement. This paper argues that by restricting the rights of the spouses of military personnel for special protection of marriage, it violates the fundamental values of the legal equality, and it has the absence of reasonable and effective. We hold a certain attitude on the protection of military marriage and the interests of servicemen, but we suggest changing the ideas and methods. The paper proposes to improve the servicemen's remuneration levels and the military security system with a way of benefits and incentives, then the protection of military personnel can be realized and the military marriage can be stabilized.