Research Personality Right Protection For The Military

On December 9th,2013, a bullying toward new recruits in Wuhai aroused wide attention of netizens, which also stimulated various discussions on ensuring rights of soldiers. Whether soldiers’rights get guaranteed or not is concerning stability of the army and long-term stability as well as security of the whole country. In such similar events of bullying new recruits, the violation of soldiers’ various personality rights has been involved. This thesis mainly discussed the guarantee of soldiers’personality rights through analyzing relevant cases. Soldiers are citizens under uniforms, therefore, their personality rights shall also be protected according to the constitution and laws. Beating or humiliating soldiers really occurs in armies of many different regions and countries. Although the protection of soldiers’personality rights is made clear in many laws and regulations home and abroad, this kind of bully still frequently happens. Applying case analysis, comparison analysis, and document analysis, this thesis did the cross-comparison analysis between Wuhai bully event and similar cases in Korea and United Kingdom to dig out the widely existed bully problems in army as well as their similarities and dissimilarities home and abroad. In this way, it further discussed the positive regulations in our laws in order to guarantee soldiers’ personality rights, meanwhile, it primarily analyzed all those existing problems through the limitation of our laws, imbalance between soldiers’ rights and obligations, incomplete implementation of securing soldier’s rights, the weakening of soldiers’rights caused by tort, as well as the poor law awareness of many soldiers. Then, it analyzed the reason why soldiers repeatedly experience violation of their rights from aspects like legislation culture, special rights relationships, military needs and so on. Finally, it came up with my own opinion on how to protect and guarantee soldiers’ personality rights, offering measures that are suitable to the real conditions of China, so that the relevant laws will be improved in future development.