Research On The Protection Rules Of Military Marriage

As the army plays a key role in the stabilization of the country and acts as an essential safeguard of the national security and territorial integrity, the protecting system of the serviceman's marriage has an extraordinary meaning as to the improvement of fighting capacity of the army, the stabilization of the regime as well as the country. But as the development of social market economy, situation of this system is hardly satisfactory—more and more factors impacting this system has been constantly arising, especially citizens" open to sexual relationship in recently years which gives unprecedented pressures to this system. There is a long history in our country, for which the law has been protecting this system. From Domestic Revolution and anti-Japanese war to the War of Liberation till the initial stage of our country, the protecting system of serviceman's marriage has developed constantly from immature to progress and mature. And the Criminal law in force regarding serviceman's marriage is also modified and perfected accordingly all the time.This paper is divided into three chapters as follow:This first chapter briefs simply about the crime of destroying the military marriage, explains the connotation and extension of definitions of serviceman, serviceman's spouse, serviceman's marriage and crimes of destroying the military marriage and analyses the laws and regulations about military marriage by the Communist Party of China in different periods. These periods can be divided into three stages:first, divorce proposed by spouse must be approved by the serviceman, or else will not be permitted; second, after a period of losing communication with the serviceman, divorce is allowed after being investigated by the government; third, besides losing communication, another two exceptional cases are provided—the serviceman has lost his sexual capacity or has committed a great fault.The second chapter expounds the current laws on the relevant provisions of the protection of the serviceman's marriage. discusses the components of the destruction of the serviceman's marriage in detail, and analyzes the boundaries between crime and innocence. this crime from other crimes in accordance with the provisions of the crime. and then briefly introduces the consequences of destroying the serviceman's marriage.Based on the theory and the judicial practice. the third chapter puts forward the proposal about improving the protection system of the serviceman's marriage. The active duty soldiers and servicemen's spouses should become the subject of the crime of breaking the serviceman marriage, which is in accordance with the principle that everyone is equal before the law and the punishment should be matched with the crime; Long-term adultery should be brought into the adjusting range of serviceman's marriage breaking crime if its circumstances are wicked and consequences are serious whose nature is the same as Long Cohabitation. According to the discussions above, this essay proposes recommendations to modify the No.259 of the "criminal law" to improve the protection laws system of the serviceman's marriage. so that we are able to protect the serviceman's marital relationship in a better wav.