Studies On Legal Status Of Servicemen

Legal status of servicemen is shaped by the rights and duties born by servicemen according to the law.It influences the social status of servicemen,political status and standard of living.It affects the attractiveness and combat capabilities of armed forces.It also influences social harmony,wellbeing,peace and stability of a country.Nail down the legal status of servicemen,standardize obligation of them and,at the same time,give them better welfare are very important to inspire their line of duty,heroism and carrying out the historical mission in new era.It also has positive significance in constructing well-to-do society and forming atmosphere of dedication,warrior and solidarity.By explaining academic bases of legal status of servicemen and using methods of dialectic and demonstration,the dissertation studies the definition of legal status in history and comparative law of view, summarizes the successful experiences and failures in history and present in constructing legal status of servicemen and analyzes enacted law, realistic station,the problems and reasons of legal status of our servicemen in modern time and giving some suggestions.There are 5 parts in this paper.In the first part,bounds and issue of the paper are defined.Legal status of servicemen is an element of military law and a part of battle effectiveness.It is very important in perfecting the system of military law, building up honor sense,responsibility and ability.Rights and duties constitute legal status of a serviceman.The awareness of the relationship of rights and duties is very important to regulate them,and then,influences the protection of rights and performance of duties of servicemen.By analyzing this relationship,we know that the duties and rights of a serviceman should keep in equilibrium better than duties central or rights central theory.And also point out that in peacetime,sacrificing life,regards as the most sacrificial form of duties,can't be compensated,so only offering more rights to balance them,the idea of modern law,fairness and justice can be embodied.The second part investigates the history of legal status of servicemen. We can find a strange phenomenon by analyzing the alternate orbit of the legal status of servicemen in different dynasties of ancient China.That is, there exists a strange circle concerning the legal status of the servicemen,a circle of high-low-high,and the same story repeated again and again. Meanwhile,this part analyses the legal status of servicemen from the founding of Chinese People's Liberation Army to the beginning of the reform and opening-up policy,pointing out that the fundamental reason for this armed forces to win time and again lies in the science,reasonableness and democracy of the system of the legal status of servicemen.It contains not only the strict "Three disciplines,eight attentions",which defines the duty and obligation of each servicemen,but also the "Three democracies" (political democracy,economic democracy and military democracy), which serves the basic interests of junior/mid-level officers and soldiers, and reaching the goal of "superiors and subordinates are of one mind", "unity between officers and soldiers",thus,it prompts the militancy disregarding their lives between officers and soldiers.History shows that too high status of a servicemen,such as existed in "five dynasties" and Qing dynasty,would stimulate the appearance of pride warriors and ferocious commanders,and to be worse overthrowing the thrones;on the other hand,an over-low status of servicemen would bring about long period of peace,however,it would also bring about the weakness of dealing with both the domestic disorder and foreign invasion,the regime would die out. In conclusion,only proper legal status of servicemen can arouse the force to fight and guarantee a long-lasting stable political power.The third part analyses the history and the current situation of foreign servicemen's legal status.Comparing the ups and downs of other big powers in history,the paper finds out astonishing similarities and rules.The combat capability of an army is mighty in countries whose servicemen's legal status is high and their duties,power and rights are consolidated,vise versa.Moreover,the strengths and weakness are always convertible, depending on people's knowledge of legal status of servicemen and especially on the construction of legal status of servicemen during peacetime.Drawing lessons from the history,many modern states vindicate the rights of servicemen and clarify their duties in legislation,so as to insured the upper position of servicemen in society.Therefore,PLA could learn a lots in improving the benefits of servicemen,paying attentions to their family,securing re-employment of veterans,perfecting their relief channels and so on from other armed forces.After that,the dissertation analyses the current legal status of PLA servicemen by studying the text provision and current situation,induce and investigate existing problems,and offer suggestions.In China,servicemen enjoy a higher political and economic status and have a voice in political arena,some important laws stipulate "a special treatment to servicemen" However,because of development of the society,transition of the economic system,especially some people's insufficient recognition of the disequilibrium of the world and lack of vigilance against potential threats, some persons can't give a correct perception on the status of PLA servicemen.Relevant legislations are far from perfect.All these lead to many text provisions of "give special treatment to servicemen" fail to keep pace with time,and implemented hardly,actual social status of servicemen are declining,of right age staff have little enthusiasm to join the army, attracting and keeping talents are difficult for the army.All of these restricted the modernization process of the PLA,brought serious potential trouble to national security and social stability.This part induces and analyzes the problems of construction in our modern legal status of servicemen,especially the gap between real status and legal provisions in aspects of politics,economy,society,cultures and so on.It leads to the conclusion that deviations in ideological cognition,flaws in institutions and estrangement between military and civilian are all important causes leading to situations above mentioned.At last,the author discusses the theoretic base,essential position and institution amelioration of our legal status of servicemen.Based on the production of history and comparison of and the analysis of demonstration, the conclusion of the paper analyzes the theoretic precondition of our legal status of servicemen.The paper expatiates that the innovative theory of CCP especially the Scientific Outlook on Development,disciplinarian of military construction,the developmental current of modern legal civilization and theory of international relation have directive significance and referenced worthiness.The paper defines the position of legal status of servicemen,emphasizes that the servicemen are citizen dressed in uniform and servicemen are special civil servants,establishes the idealistic basis about the rights and the duties of servicemen,designs the system of the legal status of servicemen especially the system of rights of servicemen. The paper insists that the rights and the duties should be balanced,the laws about vindicating the political status of servicemen should be supplemented, the laws about increasing the salary of servicemen should be adjusted,the laws about the social guarantee and allocation after quitting from the army of servicemen should be innovated,the laws about the cultural right of servicemen should be ameliorated.The paper advocates a legal system should be formed,which bears national characters,in accord with the developmental trend of legal civilization of the world and ensures mightiness of army,richness of nation and security of people.