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Study On The Legal Status Of Servicemen Chinese

Posted on:2016-07-22Degree:MasterType:Thesis
Country:ChinaCandidate:J J MaFull Text:PDF
GTID:2296330467494818Subject:Military law
Abstract/Summary:PDF Full Text Request
Chinese dream can be defined as a dream of becoming a strong nation. Whenspeaking to the Chinese army, it is a dream of creating a powerful army. Nowadays, atransitional period is bringing our army from a big nation to a army of a strong nation.Being actively responsive to the development in the era with the new goals for thearmy, it is essential to create a powerful army that can be compatible with theconcerns of our country’s national security and benefits, and also a powerful army toreadjust our country’s international position in the world. Servicemen form into anarmy, which also means that servicemen need to be aware of the legal status ofChinese servicemen, assuring the goals of creating a powerful army that can beintegrated with military’s lawful system with Chinese characteristics. The servicemen’ legal status is the absolute qualification of that servicemen have the rights and barethe obligations. This article runs with the clues of penetrating through the servicemen’ legal status and capturing all the rights and obligations of the solders to support theovert stance-the legal status of Chinese servicemen.This article, with the general theory of the legal status of Chinese servicemen,expatiates the concepts, characteristics, and the connotation with extrinsic flow andthe forming elements of the legal status of Chinese servicemen; it also furtherexplains the coresponsive rights and obligations of the Chinese servicemen thatconstitute the legal status of Chinese servicemen. That how to view heinterrelationship of the two factors will impac the legal status of Chinese servicemendirectly. Through the comprehensive analysis, this article denies the Standard Theoryof Solders’ Rights and the Standard Theory of Solders’ Obligations; instead, thearticle proposes the Corresponding Equilibrium Theory of the servicemen ’ Rightsand Obligations. Furthermore, referring to the development and progress of the legalstatus of Chinese servicemen along the history, basing on the pros and cons of thedevelopment and circumstance of legal status of Chinese army and Chineseservicemen in different historic times, promoting the constitutional progress ofsocialism as the starting point, achieving the fundamental aim of assuring the legal status of Chinese servicemen, complying with the dialectical method and instanceanalysis method, accessing to the formation and the security of the system of the legalstatus of Chinese servicemen and the relevant lawful norms, referring to theregulations of the constitution, and discussing and proposing suggestions of that howto refine the relevant system of the legal status of Chinese servicemen, theCorresponding Equilibrium Theory of the Servicemen ’ Rights resolves the problemof the legal status of Chinese servicemen caused by the lack of security in lawfulnorms.
Keywords/Search Tags:Legal Status of the Servicemen, Rights of the Servicemen, Obligations of theServicemen, Legal status of Chinese Servicemen
PDF Full Text Request
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