Study On The Nature Of Retired Soldiers' Resettlement System From The Perspective Of Constitution

The veteran placement system is an important part of the military service system.Proper resettlement of retired servicemen is not only the basic safety requirements for maintaining social stability,but also the stability of active forces and the guarantee for national defense construction.In order to adapt to the needs of national defense,Chinese military service system has experienced three stages:the voluntary military service system,compulsory military service system,and mixed military service system.The corresponding veteran resettlement system has also undergone a transition from a plan type to a market type.At this stage,our country differentiates resettlement system by the identity of servicemen.For a long time,the academics have neglected to study the nature of the placement of veterans.They only marked the placement as a "compensation" in general;only a few scholars classified the placement of military servicemen according to the source of their rights and obligations in their writings.The decommissioning of conscripts is qualitatively defined as administrative compensation,and the demobilization of officers is regarded as an internal administrative act.This view confuses the specific meaning of "compensation" as a legal concept in laws and regulations,and the general meaning of "compensation" as a common language in natural language.It ignores the current status of the retired servicemen's placement system.There is no feasible theoretical path for this kind of view to explain the difficulty in defending the rights of demobilized soldiers on the demobilization and resettlement,and it is impossible to provide theoretical resources for the improvement of the retired military placement system.In view of the fact that China's retired military placement system uses the state budget as its source of funding,it should be categorized as a "Pension." This point of view can accurately reflect the reality,explain the difficulty of defending the rights of retired soldiers on the demobilization and resettlement,and provide theoretical resources for the improvement of the retired military placement system.