On The Legislative Improvement Of The Military Civil Rights Protection

The soldiers are defenders of national sovereignty and social stability, at thesame time, they are also ordinary citizens who are under the constitutionalprotection. The soldiers not only have the obligation of selfless dedication to theinterests of the country and the people, but also should enjoy the rights conferred bythe Constitution and other laws. In particular, the special nature of the militaryoccupation determines the relevant rights and interests of military personnel musthave special legal protection.In some foreign countries or regions, the soldiers’ civil legal rights protectionmechanism is very complete, however, service quality and efficiency of legalservices in the construction of our army is obviously insufficient. In theconsciousness of the present stage of China’s ordinary citizens, they have a clearunderstanding of the rights and obligations of consistency of the soldiers, they putmore emphasis on the "Military Duty Standards". They believe that as a soldier,military obligations should be much higher than the military rights he enjoys, whichhas been over-exaggerated and emphasized on the obligation of the solider, thisunwritten rule eventually led to the desalination and trample on the legal rights ofservicemen, which has caused the theoretical roots of servicemen rights not relatedto the legal protection. Meanwhile, with the constant improvement of China’smarket economy and the legal process moves forward, the problem of insufficientlegal protection of soldiers’ civil rights has become increasingly prominent.In fact, the soldiers’ civil rights legal protection has been an important issue inthe military army building, which is also a major concern of the state legislature.“The state respects and safeguards human rights” was included on the form of aconstitutional amendment in2004, which provides an important constitutional basisfor the legal protection of civil rights. So, as special citizens who are "citizens inuniform","taking on a special mission of the servant of the people", how to developthe civil rights and legal protection of the soldiers under the guidance of the existing Constitution and relevant laws will be the main topics of this paper.This article defines the concept of civil legal rights of the soldiers and theirmain characteristics firstly, and makes the particularities of the rights of servicemencivil law which are compared to the civil legal rights of ordinary citizens clear, also,the article describes the current situation of civil rights law protection of our troopsaccording to the relevant laws and regulations. Then, by consulting the relevantliterature, the author examines the experiences of other countries or regions on thelegal rights protection of the servicemen, and through a comparative approach in thejurisprudence, points out the deficiency of legal protection of the military civilrights in China and its causes.The author analyzes the urgency and necessity of civil rights legislation inservicemen legal protection, proposes the basic principles to be followed in theprocess of advancing soldiers’ civil rights and legal protection. Also, the authorlearns a number of suitable experiences from other countries which can be appliedto China’s current demand for social development and military development process,and puts forward some suggestions in improving the soldiers’ civil legal rightsprotection, that are: departure from the reality of military civil rights and legalprotection, take the ways of making the People’s Republic of China military CivilProtection Law, establishing of a wide range of remedies; find proper solutions indealing with the civil infringement cases within the military; effectively improvethe quantity and quality of the legal aid agencies within the armed forces and otherspecific measures to effectively solve the problem of military civil rights guaranteedby law.The result of this article that government should improve the legal system onthe soldiers civil rights protection, take positive and effective measures tostrengthen the protection of civil legal rights and interests of the military andnational defense and army modernization, has an important guiding significance inthis era which is affected by new military revolution and market economy.