Research On Legal System Guarantee Of Retired Military Officers In China

Although the Constitution of our country only stipulates the Central Military Commission in two parts of Section IV,such a simple norm constitutes an extremely powerful state organ in essence.The Central Military Commission is the only state organ fully integrated with the Party's organs,and it has not been affected by the changes in the governance concepts of "separation of Party and government","co-administration of Party and government" and "division of labour between Party and government".The reason lies in the fact that "the military interests of a country are the foundation of a country's consolidation".In the basic framework of national military interests,the protection of national interests is the core,while the interests of servicemen and retired servicemen are the wings.The protection of the rights and interests of veterans is undoubtedly extremely important.As a special category of veterans,the importance of the protection of the rights and interests of veteran officers is self-evident.Unfortunately,few scholars have carried out special research on it.In order to ensure the smooth and orderly transition of military personnel to civilian social life,various countries have formed different modes of resettlement support for retired officers.In many modes,the use of stable and authoritative laws to ensure the resettlement of veterans has become a common practice around the world.At present,there are still many difficulties in our country's resettlement guarantee system for retired officers.The Interim Measures for the Resettlement of Returned Military Cadres promulgated in 2001,which combines the characteristics of market economy in the allocation of human resources,creates a new way of retirement and resettlement,i.e.self-employment,which marks that the resettlement of retired military officers has departed from the traditional single mode and moved towards diversification.However,with the establishment and gradual maturity of the socialist market economic system and the comprehensive deepening of various national reforms,the old retired officer placement model has been unable to fully and effectively protect the legitimate rights and interests of retired officers.Therefore,it is necessary to carry out innovative and inspiring research and demonstration around the proposition of protecting the rights and interests of retired officers,starting from the overall framework of the legal system.The concrete logical process and argumentation ideas are as follows:Firstly,the article elaborates the relevant concepts of retired officers,focusing on the resettlement of retired officers,elaborates their ways,and probes into the necessity of their legal protection;secondly,it combs the historical changes of the resettlement policy and legal security system of retired officers since the founding of the army,and divides them into three stages: formation,development and reform;thirdly,it combines the current situation of our country.The security system established in the relevant legal texts is based on the analysis of the current practical problems such as the difficulty of resettlement and employment of retired officers,and the shortcomings of the legal provisions and implementation of the resettlement of retired officers in China are summarized.The shortcomings are the perfect direction of the legal security system of resettlement of retired officers in China.Finally,by drawing on the experience and practice of resettlement of retired officers in other countries,the paper concludes that the resettlement of retire Considering the basic national conditions and special circumstances of our country,this paper puts forward five suggestions for the legal guarantee of the resettlement of retired officers in our country: first,to clarify the functions of the unified management of the service guarantee agencies for retired officers and change the concept of the resettlement of retired officers;second,to put forward legislative adjustment proposals with self-employment as the main factor,supplemented by planned distribution;third,to build a platform for education and training of retired officers jointly by the military and the local government,and to establish The mode of training is conducive to the full saving of social resources.Fourthly,it is suggested to speed up the construction of the professional system of officers so as to optimize the way of "entrance" and standardize "export" to relieve the pressure of government resettlement.Fifthly,it is necessary to improve the legal relief for the disputes of retired officers' resettlement,and use the force of law to solve the problems of weak implementation and lax law enforcement in resettlement.