| After the 19 th national congress of the communist party of China(CPC),the state and society have paid more and more attention to the soldiers.In order to ensure the orderly transition of retired soldiers from the army to the society,China’s retired placement has experienced a long development,and finally formed the legal system of retired placement in China.As a result of the development of market economy,the existing resettlement system for ex-servicemen has been unable to provide protection for ex-servicemen’s rights and interests in the resettlement work,and resettlement disputes have occurred frequently.Therefore,it is necessary to re-study the legal system of ex-servicemen placement.When sorting out the cases of resettlement disputes,it can be found that China’s decommissioning resettlement legal system not only provides scattered provisions,but also lacks operability of legal provisions.In addition,the resettlement management institution has not really played its functions,which leads to the unsmooth work of China’s decommissioning resettlement.In addition,the re-characterization of the ex-serviceman resettlement system as the "envy-granting system" also exposes the shortcomings of the judicial relief procedure of ex-serviceman in the legal system of ex-serviceman resettlement.The author thinks that the key way to solve these problems is to form a perfect legal system of decommissioning resettlement,which has laws to follow.Second,local resettlement agencies should be directly managed by the central ministry of veterans affairs to avoid administrative delays.Finally,the judicial relief procedure for the rights and interests of veterans should be improved.In addition to the relevant contents of the relief for the rights and interests of veterans should be stipulated in the law,military courts can be responsible for the settlement dispute cases of veterans,so that the legitimate rights and interests of veterans really get effective judicial relief. |
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