| The marriage family follows the law being the relation adjusting the marriage family , is that important component , its standard our country legal system people is in right and duty in marriage family field. Have stipulated the special protection to soldier marriage in marriage law of our country. With development of history , the advancement of society, marriage attachment to self s family change and ceaselessness that auto psyche , right are aware of are strengthening people , are accompanying marriage law culture propagation , are sucking pay, the assimilation and each other melt, the outside culture adsorption sum seeps into and, in new historical condition and the new social environment, whether be going to continue putting civil peculiar legal protection into practice to army marriage or not, become the focal point that people shows solicitude for.That the broad wide army marries is marriage refer to the active duty soldier and be not that are related to by marriage shorter form , the main body of a book between the active duty soldier , active duty soldier and active duty soldier be called the army marriage for short without exception in culture. Since our country law is that marriage of active duty soldier has stipulated special legal protection to only having one side, on the protection embodying in the problem getting divorced to the soldier mainly, army marriage soldier spouse in being that the interested party is soldier's marriage , culture only one method without exception pointed to by the main body of a book refers to therefore only be not soldier one side The following amending queen's currently in effect "Marriage Law of the People's Republic of China " from early "China Soviet republic marriage law " working out in 1934 to 2001 is called for short "marriage law", Communist has put special regulation that the army marriage protects into practice in marriage legislation middle , this one method of work already history having over seventy years, if in war age , civil army marriage legal protection special regulation has arrived at a positive role to stabilizing soldier's morale , the firm red political power getting up , new historical condition developing peacefully in nowadays has moved downwards then, if its still necessity having existence, Have aroused people a heated dispute , induction get up , have three kinds ideas mainly: 1, suggestion reserves. 2, suggestion deletes. 3, suggests giving modification on reserved basis. Finally, after the revision "Marriage law" has accepted the third opinion, forms "Marriage law" presently the 33rd stipulation: "Active duty personnel's spouse requests the divorce, the must do without fail serviceman to agree, but a serviceman side has the significant mistake exception." 2001 "Marriage law" (bill for amendment) still retained the special regulation which the armed forces marriage protects, but "Marriage law" the special regulation which protected to the armed forces marriage compares with 1980, in 2001 "Marriage law" (bill for amendment) the stipulation was more concrete, is perfect, it "proviso" increase, showy, while protected serviceman's not to favor actually has a mistake serviceman side. It gives in the foundation in the implementation which the active duty personnel protects specially, gave dual attention to the serviceman spouse's benefit, the further revised the marriage law the special regulation which protected regarding the armed forces marriage. Certainly, this special regulation still had certain limitation, but the flaw did not cover the fine jade, we should dialectical regard it. This article will utilize the legal science analysis method, the historical method, the real diagnosis method, the system theory method and the sociology research technique, through to our country marriage legislation in the special regulation course which will protect about the armed forces marriage, including its correlation stipulation, the synthesis legislation experience and the social background, will carry on the understanding in the foundation, inquired about the new times armed forces marriage will protect special regulation existence reason.This article divides into the introduction, the main text and the conclusion three parts carries on the elaboration.The introduction are partial, mainly introduced this article writes background and goal.This article altogether is divided three parts in the main text.The first part, first introduced in the armed force marriage concept as well as our country marriage legislation implements to the armed force marriage specially protects the stipulation the historical evolution.The second part, mainly narrated in the present our country marriage law the armed force marriage specially to protect the stipulation the elementary theory skeleton and with this stipulation related debate.The third part, in specially protects the stipulation to the armed force marriage to carry on the evaluation in the foundation, inquired about formulates this protection stipulation deep level reason.The conclusion are partial, carries on the simple review to the fullest, summarizes author's major point. |
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