Research On The Legal Protection Of The Retired Soldiers

In the national defense and army reform,President Xi has proposed to streamline the armed forces personnel 300,000.Our army will face a lot of change,This could mean there are a lot of soldiers will leave the army,They must return to the community,to accept the "re-socialization" in the trend of the market economy,Retired military personnel,including officers,non-commissioned officers and soldiers.Most of the officers were resettled in the form of changing jobs,due to the small number of officers,relatively high cultural quality,their work selectivity is relatively large.While the retired soldiers accounted for the majority of retired ex-serviceman,but also vulnerable groups.Not timely placement,rights are not guaranteed,there is no right to relief,There is no way to uphold the right,Many retired soldiers were forced to choose a collective petition to protect their own interests,This is an important reason why 2016 retired soldiers collectively went to Beijing for petition.All the above factors,we have to pay attention to the issue of retired soldiers placement.This article from the legal point of view,trying to provide legal protection for the placement of retired soldiers,First of all,we clear the legal status of retired soldiers and decommissioning the theoretical basis and legal basis,This paper analyzes the current situation of the legal protection of retired soldiers in China,finds out the problems in the resettlement of soldiers,analyzes the status quo of these problems,Draw lessons from the foreign experience for the placement of veterans and put forward the legal protection for the placement of veterans in China.We try to analyze everything from legislation,law enforcement,justice,legal supervision and so on,and put forward practical suggestions,At the same time,we should also focus on the analysis of the existing system of retired soldiers,such as the military service system,the resettlement soldiers in the education and training system,to find them not suited to the development of the times,and put forward rationalization proposals.There are four parts of the article,The first part is the overview of the demobilized soldiers,The first part is an overview of resettlement of demobilized soldiers,first clear the veterans,retired soldiers concept,This article focuses on retired soldiers refer to the ordinary soldiers and non-commissioned officers,Second,analysis of the current legal status of retired soldiers from the legal,focusing on the right to retired soldiers,such as right of placement,welfare rights,relief rights,access to subsidy,access to employment and other important rights.Once again elaborated the basis for the placement of retired soldiers,including the theoretical basis,legal basis and practical needs.Theoretical basis mainly from the sacrifice of equity,the theory of equitable burdens the loss of professional rights and interests to analysis.The legal basis mainly from the "Constitution","Military Service Law","National Defense Law" to find relevant legal provisions,the practical needs of mainly described from safeguarding national political stability,military optimize human resources and unite the spirit of patriotism.The second part analyzes the legal problems in the process of resettling soldiers,mainly including three problem of legislation and the implementation of the law,there is a lack of systematic legal system related legislation,the military service system can not keep up with the times,there is not enough cohesion between laws and regulations,legislative content does not have clear channels of relief and other issues.There are problems with the implementation of the law,Lack of specialized management agencies,lack of effective legal supervision,retired soldiers lack of awareness of rights and other issues,The combing of these questions also lay the groundwork for the formulation of concrete measures below,making the proposed measures more relevant.The third part,mainly from the useful experience of foreign countries,introduced the United States and Russia in the placement of veterans in the legal protection,The United States has a sound legislative guarantee,a unified management agency,a sound rights relief system and the welfare system,especially in terms of education,the United States has a lot of ways worthy of our reference,Russia has a special legislative protection,attention to the military's vocational education,also for China to improve the relevant system provides a good reference.The fourth part is mainly for the retired soldiers placed in the proposed legal advice,but also the most important part of this article.From the comprehensive and standardized legislative protection,smooth and effective law enforcement protection,fair and equitable judicial protection of three angles to analysis,Our recommended legislation to establish a unified system of legal norms in the resettlement of demobilized soldiers as soon as possible,May consider the promulgation of the "Veterans Placement Law" and the accompanying "Veterans Insurance Regulations","Retirement Soldier Employment Support Regulations","Veterans Housing Security Ordinance" to protect the placement of veterans and other welfare rights,Also focus draw on the useful experience of foreign countries in becoming more aware of the Veterans Affairs re-education and vocational training,to fundamentally solve the problem.The military service system should be modified,We should be for the community to recruit highly educated soldiers,to modify the duration of military service,through flexible service period,to ensure the quality of personnel,to strengthen patriotism education,and enhance the awareness of civil service;Law enforcement can consider the establishment of the service of the veterans of the management of specialized management agencies,On the other hand,it will also promote the implementation of relevant legal norms,but also can solve the problem of decentralization of government responsibility and regional burden of fairness;Judicial aspects,one is to improve the legal relief system,first,the retired soldiers meet the subject of the appropriate administrative law,followed by the referee placement of the relevant government departments in line with the administrative proceedings and the scope of administrative reconsideration,relief rights should be guaranteed in order to better maintain other rights.The second is to set up joint military activist network,Through the establishment of legal services to mobilize the military,strengthen the legal education,improve the awareness of the rights of veterans to promote the rights;Thirdly,the legal supervision mechanism for perfecting the rights and interests of retired soldiers,monitoring mechanisms,including supervision of the national authorities,the supervision of the military and administrative organs,judicial supervision and social supervision,let retired soldiers in the "conversion" of the whole process has legal support and protection.The placement of retired soldiers has now become an issue of common concern,At the meeting of the Central Military Commission,the Chairman also stressed that we need to strengthen the organization and leadership of the management and protection of veterans at the national level,and to improve the service guarantee system and related policy system.In 2017 National People's Congress,the NPC deputies also proposed to promulgate the "Veterans Law".We must seize the good opportunity to deepen the reform in a comprehensive way,perfect the legal protection and system guarantee of the resettlement of the veterans,and make contributions to the realization of the Chinese dream and the military dream.