Research On The Special Protection Rules Of Military Marriage

The age of revolution The special Protection Rules of Military Marriage for solidred political power, to protect Chinese deferred interest has played an indelible role.Whether in the revolutionary base,during the Anti-Japanese War period, or the periodof liberation has its reason to exist. The Special Protection Rules of Military Marriageinto its own has rationality.If our Special Protection Rules of Military Marriage in the revolutionary baseareas during the Anti-Japanese War period,or during the war of liberation isproven,then change rapidly today the rules still reasonable or should be abolished ormodify, need to be demonstrate. After the founding of new China, especially after thereform and opening up, Chinese rapid economic development, Chinesecomprehensive national strength increased rapidly. The first industry,the secondindustry in china develop rapidly,people′s living conditions have been greatlyimproved. At the same time,with the construction of a socialist country ruled by lawhas become China′s important development goal, legal knowledge in people inthe center spread. People awareness of the rule of law is also constantly enhanced.The Special Protection Rules of Military Marriage shows misfits.In our country’s social material living conditions changed significantly, the lawstill such provisions, this does not accord with the development rule of such specialprotection system.From the revolutionary period of such special protection system toreform and open policy before the marriage law of special protection for systemdevelopment, the system according to the social environment adjust and perfectresult。The marriage law of special protection system against the nature of marriage.The rights and obligations of mutual infiltration, contain each other and mutualtransformation under certain conditions. Our analysis: in the marriage law of specialprotection system, soldiers have not get a divorce from authority, military spouse tobe soldiers agree to conditions, the military spouse marriage freedom is restricted. Here, we can say that restrain oneself the freedom of marriage, which for militaryspouses is a kind of burden. In this specific case, we say the soldiers enjoy rights,military spouses obligation. We found that such a right is a kind of" always " right,does not need in marriage, does not need to be in relationship with spouse to assumewhat obligations; and military spouses in servicemen with marriage to bear thanordinary marriage more obligations, but did not enjoy any rights. At this time, themarriage law of special protection system against the rights and obligations of theprinciple of consistency.In the soldiers of the marriage law is not to protect the soldier，freedom ofmarriage, but the protection of the" military marriage liberty". Here, the marriage lawof special protection for military spouse marriage system without the realization ofthe freedom of remove, did not rule out the free body interaction between compulsoryand infringement, not excluded subject itself to the abuse of freedom, but ratherincreased military spouse marital freedom realization barrier, adds to the militaryspouse marital freedom violations, we had to draw a conclusion: Legal contributedsoldiers to the freedom of marriage rights abuse, killed the soldier spouse’s right ofmarital freedom. At this time, the marriage law of special protection system and legalvalue conflict free.The special Protection Rules of Military Marriage against the civilian main bodysexual rights; and violate the equal protection of the law principle. If such specialprotection system of members of our social compliance, form of law has beenmaintained.Such special legal protection system in reality is unable to protect theirmarriage, can not achieve its intended purpose. The article thinks, military marriageprotection cannot rely on a paper with the military divorce veto provisions, but alsoneed to give military life marriage protection, should pay more attention to themilitary marriage across the maintenance process give special care. Need is apromotes conjugal affection, one aims to maintain the healthy development of the realfeelings of the couple, protect their marital relationship harmony and stability of thecomplete system.I hope our military special protection limit in a particular region, within a certainperiod of time, while not in the specific area, specific time within the scope of the active duty military protection into social security range, so that most of the soldiersof the" special protection" will be included in the scope of social security. This needsto perfect our country ’s social security system.