Protect The Legal System Of China's Military Marriage Study

Special protection of marriage against the military, for the improvement of combat effectiveness and stability of the regime have a positive effect. China's current military personnel's marriage is a special protection system is in fact the revolutionary era of legislative thinking in a modern society to continue to. The military legal system to protect marriage has its own special history and legal basis. With the development of society, enhancement of legal awareness of citizens on the legal protection of marriage, the military has also been some changes. Amended in 2001, "The People's Republic of China Marriage Law" (hereinafter referred to as "Marriage Law") Article 33 on the basis of from the original, but added the proviso, namely: spouse of a service request for divorce, the soldier's consent must be obtained, but the military has a serious fault exception. This provision is significant for the progress of the military significance of marriage, and now society is constantly changing, it is whether it is the economic base, or ideas have a lot of changes, the military also do so. It provides not only the maintenance of the military system of protection of traditional marriage, and balance between the spouses of soldiers and military interests. But from another perspective, in the new historical conditions, along with social progress and development, and real life, the freedom of marriage and the special provisions of the military marriage of justice and order to maintain continuous impact, revealing the special protection of the military marriage system and the freedom of marriage the principles of conflicts, while the existing "Marriage" to take to restrict the right of military spouses divorce, marriage, model soldiers under special protection, whether it is rational, whether in practice, effective and operational, is questionable. How to address the freedom of marriage and the military conflict between the Special Conditions of marriage, how can better safeguard the legitimate rights and interests of military personnel and their spouses, to achieve social fairness and justice? In order to solve these problems, this special protection of marriage against the military legal system, an overall grasp of the special protection of marriage against the military legal system, the system to sort out the formation and historical development of the existing special protection of civil marriage, the military legal system of special protection to conduct a comprehensive analysis, to find system is not perfect of the Department to make recommendations with a view to improve the legal system of special protection of the military marriage benefits.①In addition to this conclusion, the author is divided into four parts of the analysis of these issues:The first part,First, general overview of the legal system to protect our country's military marriage, then the concept of marriage and characteristics of the military, history, current situation are briefly described.The second part,Of China's military legal system, the value of marriage and legal basis to conduct a detailed analysis.The third part,Raised the legal system to protect our country's military marriage problems and to undertake some analysis.The fourth part, For formulating a sound legal system to protect our country's military marriage proposal.Finally, some concluding remarks and concluded that:Military marriages are still in need of protection, but the corresponding legal system needs to be further improved with a view to the interests of military personnel and their spouses have access to appropriate protection.