The Research On Protection Of Employment Rights Of Ex-serviceman In Our Country

The guarantee of the employment rights of veterans is an important project related to the long-term prosperity and stability of the country,the orderly development of the society and the morale of the army.Since its founding,the PLA has been firmly committed to serving the people.During the revolutionary war,the people's army was in the forefront to ensure the safety of people's lives and property.For the people's army,which came from the people,will eventually return to the people.At the beginning of the establishment of the people's army,the party and military leaders have noticed the resettlement security after the soldiers left the team,from the founding of new China to reform and opening-up policy,our country carried out planned economic system,and gradually established a veteran' s job placement systems which was consistent with China's national conditions and adapted to the planned economy,agreed by the countries to allocate the resources.The system not only ensured hundreds of thousands of soldiers successfully retired from the army,but also provided a number of useful talents for the society orderly,which gave a strong support for the socialist construction.However,the veterans employment rights protection in China is facing unprecedented challenges currently,with the development of reform and opening-up,the original placement policy already does not conform to the reality:the lack of a systematic regulations,the laws related to the protection for the veterans employment rights were limited to little portion of " military service law "and "national defense law",though there are a few administrative rules and regulations,it still lack adjustment of effective basic legal,the existing system is too old to adapt to the current social life.The original government resettlement policy is too broad,so that there are plenty of veterans who meet the resettlement standards.However,the government's resettlement capacity is limited,and in the long run,many veterans who meet the resettlement standards cannot be properly settled.Therefore,it is necessary for us to conduct research and analysis on the existing system,learn from the experience of advanced countries under the rule of law,and find a suitable way to guarantee the employment rights of veteransThis paper first explains the legitimacy of guaranteeing the employment rights of ex-servicemen in theory.The mainstream thought thinks that the placement and security of veterans are part of the social security,so its social security attribute is its legitimacy.On the other hand,the safeguard measures are mainly made by government departments at all levels,and their nature is similar to the administrative compensation system.Therefore,the author discusses its legitimacy from two aspects:the theory of fair burden and the theory of special sacrifice,and the author thinks that the theory of special sacrifice can better reflect the legitimacy of the employment rights protection of ex-servicemen.Next,this paper analyzes the current situation and reality of the employment right guarantee system of ex-servicemen in China,and analyzes the causes of the problems.At present,there are still many problems in the protection of the employment rights of ex-servicemen in our country.There are still many ex-servicemen who meet the working conditions of government placement,but have not been properly settled.The main reasons for these problems include the mismatch between the existing system and social development,the unclear functions of government departments,the lack of a systematic vocational training system.the lack of legal relief channels,and the monotonous employment ideas of ex-servicemenAs a post-developing country,we need rely on our practice to constantly improve the cognitive,we should learn from the advanced countries under the rule of law at the same time,the United States,Russia,Germany provides us with experience,such as economic compensation,education aid,vocational training.We can completely borrow from foreign mature theory and practice,combine them with our national conditions to let it become our moves.On basis of the above analysis,the author puts forward some suggestions on the protection of ex-servicemen's employment rights.First,we should improve the legislation on the employment rights of ex-servicemen and establish the corresponding institutional basis.Second,improve the functions of veterans' affairs departments,improve the service mechanism;Third,establish a systematic training system for veterans;Fourth,perfect related legal remedies for the protection of employment rights of veterans.Only through the joint promotion of various ways,can we establish a set of employment rights protection system for veterans,so that more veterans can find suitable jobs,realize their life value,at the same time it can also provide high-quality talents for socialist modernization.