| The protection of the rights and interests of retired soldiers’ placement is a complex and complicated issue involving many departments.It is not only a great test to the army and the competent departments of placement,but also related to the stability and development of the whole society.Since the founding of the People’s Republic of China,the state has attached great importance to the placement of retired soldiers.Different laws and regulations have been formulated in different periods and corresponding placement agencies have been set up.These measures have ensured the placement rights and interests of retired soldiers to a certain extent.But there are inevitably some legal issues that need to be solved in practice.For example,the legislative remedy is not perfect;In law enforcement,the departments in charge of the placement of retired soldiers have the problem of illegal law enforcement procedures,passing the buck to each other in the process of law enforcement,and some problems left over from history remain unresolved.In terms of right relief mechanism,administrative relief means and litigation relief methods have not fully played their roles.In terms of supervision and security,we have not yet established a relatively sound and authoritative supervision system for the rights and interests of retired soldiers.Through the analysis,this paper thinks that the existence of these problems are related to the scattered legislation,too much principle,the placement department in charge of the lack of the concept of rule of law,the lack of coordination and cohesion among the institutions,and the lack of legal awareness of the retired soldiers.Based on the analysis of the problems and causes,this paper drew lessons from the safeguard measures taken by the United States and Russia,and put forward countermeasures to protect the rights and interests of retired soldiers from four aspects:legislation,law enforcement,relief mechanism and supervision system,that is,optimizing and integrating laws and regulations,adding relief provisions;Improve the administrative level of placement departments in accordance with the law and improve the institutional setup;Pay attention to the role of administrative relief and improve the way of litigation relief;In order to guarantee the right of retired soldiers to settle,we should use the supervision function of state power organs,give full play to the supervision function of administrative organs,and make full use of social supervision mechanism. |
