On Legislation Of China's "Rearrangement Of Veterans Act"

Rerrangement of veterans is a project related to national stability, economic prosperity, social development, and morale. From the founding of the PRC to the late 1980s, China had gradually established a set of military separation rearrangement policies that adapted to planned economy system. It not only ensured the smooth separation of hundreds of thousands of military personnel, but also provided a large number of talents and strong support for the socialist construction. But with the deepening of reform and opening up, China's political and economic systems have undergone profound changes: government agencies reformed, staff streamlined, enterprises set free, the autonomy of employment expanded, and the private sector growing. These factors make the organs, institutions, state-owned enterprises start losing the capacity to take veterans, thus rearrangement of veterans brings many contradictions:conflict of governmental rearrangement and market-driven enterprise employment; the government hopes enterprises to provide more opportunities for veterans to show support, while market-oriented enterprises have pursuit of profits as the highest goal, thus are unwilling to burden themselves or be forced to cope with such duties; As the market economy is continuously developing, private sectors and foreign ventures are emerging. Same as the state-owned economic components, they are also separate legal entities and take civil liability. Nonetheless, the state-owned economy still is the main force for rearrangement. The uneven rearrangement obligations greatly reduce the initiatives of some enterprises and institutions. On the other hand, there is a gap between the requirements of the employer and the quality of the retired military personnel. Retired military personnel lack the ability to adapt to society as well as socialized knowledge structure. Some of them become instable factors on the society when they do not get desired rearrangement. Petitions occur from time to time. Some people are doubtful about the value of peacetime military and could not understand the necessity and importance of the rearrangement. Considering unfavorable employment situation in the whole society, some laid-off workers and unemployed youth even reject veterans. Rearrangement of veterans should be protected by law. It should be mandatory and of high authority. Despite military regulations, local laws and regulations on rearrangement have clearly definitions on that, there is still no specific law legislated by the NPC to protect the veterans's rights in China. Legislation requires strong theoretical support. Vacancy exists for rearrangement in theory. There are also many problems and contradictions in practice. This article draws the experience and practice of veteran legislation in the United States and other countries, and proposes a few ideas on China's "Rearrangement of Veterans Law":clear definition of status of the veterans, monetary compensation as the main means, independent job-hunting as the main form, and highlighting support in employment, education, health care, housing, insurance, etc. In addition, when there is right, there is remedy. This paper will also discuss on military personnel remedy. Based on literature review, field surveys and other research methods, this research sheds some light on rearrangement of veterans theoretically and practically. I sincerely hope that through this research, the rearrangement can change from under the rule of man to the rule of law, so that it becomes legal duty rather than political duty.