Research On The Protevtion Of The Rights And Interests Of Ex-Servicemen

China passed the Law of the People’s Republic of China on the Protection of Veterans in November 2020.As the legislation has just been passed,it still needs strong theoretical support.Throughout the academic research on the protection of the rights and interests of veterans,there are still few research results from the perspective of law.Based on this,the author chose to study the protection of the rights and interests of veterans.By sorting out the literature and materials and the help of his comrades,the author sorted out what,why and how to protect the rights and interests of veterans.This paper first defines the research topic,mainly focusing on the rights and interests of retired conscripts and non-commissioned officers.Then it provides a theoretical basis for the protection of the rights and interests of veterans.At present,foreign scholars mainly adopt three viewpoints: special sacrifice theory,equal public burden theory and human rights protection theory,while domestic scholars more agree with the theory of loss of professional rights and interests and the theory of social preferential groups.The author has formed his own point of view,that is,the special rights acquisition theory,which claims that the ex-servicemen can obtain some special rights and interests because of their special professional status during the service period.Next,the author summarizes and sorts out the specific rights and interests that ex-servicemen enjoy,which are divided into settlement rights and interests,benefits and preferential treatment rights and honorary rights.Among them,settlement rights and interests cover the most extensive scope,including employment,retirement,education and other directions.The right of compensation and preferential treatment is mainly divided into social security right and education right;The honor rights of veterans are based on their previous career and achievements.At the same time,the author also analyzes the existing problems in the field of the protection of the rights and interests of veterans.In terms of legislation,there is a lack of perfect laws and regulations for management and protection,and local governments mainly rely on political forces to promote the resettlement of veterans.In law enforcement,resettlement causes social conflicts;The function of the project of decommissioning treatment is not complete,and the regional difference of the subsidies for ex-servicemen is great.The local resettlement capacity is poor,and the social acceptance of ex-servicemen is low.In the judicial aspect,the relief of settlement disputes is not effective,and the relief channels are not smooth,leading to frequent petitioning incidents,which greatly affects social security and stability.The author proposes solutions from three directions: in terms of legislation,a strong and effective institutional guarantee should be established,and the rights and interests of veterans should be created,optimized and implemented through the implementation of legislative power,decision-making power and supervision power by the legislature;Secondly,we should perfect the resettlement system of ex-servicemen,reintegrate the military service system,optimize the resettlement mode,and give full play to the macro-control role of the government.The main role of the Ministry of Veterans Affairs in law enforcement should be brought into play;Next do a good job of ex-serviceman’s letter and visit management work,the jurisdiction of the superior court continuously,the procuratorial organ is based on the legal supervision function in the case.Measures to improve the work of military-related letters and visits;Finally,we should earnestly implement the Law on the Protection of Veterans.In terms of judicial protection,it has adopted laws to ensure that ex-servicemen have the right to appeal and complain,added relief clauses for disputes over the placement of ex-servicemen,established a mechanism for joint military-civilian legal cooperation in handling cases,and increased the jurisdiction of military courts.As a retired soldier majoring in law,I study this issue from a legal perspective,hoping to provide theoretical support for the implementation of the protection of the rights and interests of retired soldiers on the premise of clarifying my own rights and interests.