Constitutional Analysis On The Protection Of The Rights And Interests Of Veteran In China

The 19 th National Congress of the Communist Party of China put forward new requirements for the protection of the rights and interests of veteran personnel.During the service,the soldiers made great sacrifices and dedication to safeguard national sovereignty and security interests.Their basic rights were greatly restricted and affected to varying degrees.How to protect their rights after retirement is worthy of deliberation.The development of safeguards requires guidelines for action,and such guidelines should be based on the constitution.The current research results have not yet been analyzed and discussed from the constitutional level to the issue of the protection of the rights and interests of veteran,but it does not mean that such an attempt is meaningless.In fact,although the Constitution of China does not guarantee the express provisions of veteran personnel,the analysis of relevant provisions can provide a constitutional basis and content support for safeguarding the rights and interests of veteran.The constitutional principle of guaranteeing veteran begins with military service obligations and armed forces provisions.From the point of view of the armed forces,the state shoulders the task of protecting the people and themselves.However,due to the “intangibleness” of the state,this task is actually “shared” to citizens through the specific performance of military service obligations,that is,the citizens are actually The substitute state fulfills its tasks;and the performance of military service obligations for citizens has caused different degrees of derogation and restriction of their basic rights.This restriction is lifted after the completion of military service obligations,but not all lifting can make The derogated interest is “returned”,so it is necessary for the country that is the true obligor to provide special protection for the soldiers who have fulfilled their obligations to ensure that their rights that have beenderogated and cannot be repaid are compensated.The requirement of "consistent rights and obligations" is also necessary to maintain social fairness and justice.From the constitution,it is also necessary to analyze the content of the protection of the rights and interests of the veteran.This is the common requirement of human rights protection and national defense interests.The constitutional provisions provide three principles for the protection of the rights and interests of veteran.One is the principle of human rights protection,which requires the state to guarantee the rights and interests of veteran.The second is the principle of equality.The principle requires the state to give the veteran the same general protection as the ordinary citizens in terms of the rights and interests that can be recovered after the performance of the military service has been reduced,and the deduction of the military service obligations.In terms of rights that are difficult to recover,different special guarantees are given.The principle also requires the state to give reasonable disaggregation to different veteran personnel within the veteran,depending on the degree of derogation of their rights due to their military service obligations.The third is to maintain the military order and the principle of national defense interests.This is based on the provisions of the armed forces of the Constitution.In the field of veteran security,it has the same identity as human rights protection,that is,guaranteeing the rights and interests of veteran and also the requirements of military order and national defense interests..From the perspective of specific rights and interests,in addition to general rights and interests protection,the special rights and interests of veteran are mainly concentrated on the constitutional rights of citizens such as labor rights,social security rights,and education rights.This is because military personnel are caused by military service obligations.The concentration of derogation that is difficult to respond is reflected in this type of constitutional right.In order to get such rights and interests as much as possible,the state must provide corresponding special guarantees;at the same time,it is considered in the military order and national defense interests.The "honorability" of safeguarding military service obligations also has its constitutional basis for the special guarantee of the military's right to honor.The operation of the veteran's rights and interests guarantee mechanism is based on the public power given by the Constitution.At the same time,the constitution restricts the legislative,administrative,and judicial organs from realizing and embodying the inner spirit of the constitution to protect the rights and interests of military personnel.In the rights protection mechanism,all three have their own statusand assume different roles: the legislature involves the basic construction of the protection of the rights and interests of military personnel who are retired,and the administrative organs are involved in the specific implementation and operation of the protection of the rights and interests of the military personnel in active service.Relief for military rights.According to the constitution,the principle,content and mechanism of the protection of the rights and interests of veteran personnel under the current system are analyzed.It is not difficult to find the cause of imperfection.The Constitution also provides the key to solving the protection of the rights and interests of veteran personnel.That is to say,whether the legislature,the executive,or the legislature should fully exercise the public power granted by the Constitution in accordance with the constitutional principles and in accordance with the constitutional principles.With the steady advancement of "ruling the army according to law",the state's protection of the rights and interests of veteran personnel needs to rise to new heights,which depends on long-term effective guidelines.The analysis of the issue of the protection of the rights and interests of veteran personnel from the constitutional level can guide the country to continuously improve the level of "ruling the army according to law" within the framework of constitutionalism,and practically protect the legitimate rights and interests of veteran personnel under the premise of constitutionality.