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Military Marriage Special Protection System Research

Posted on:2011-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y R FuFull Text:PDF
GTID:2206360308971765Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Karl·Marx said,"To enjoy a good lifetime entails the combination of two people.It is impossible for half a earth to spin,so the major task of an adult is to find his/her partner that matches him/her to the best."Therefore,most adults wish to have a happy marriage and family life.Military servicemen are no exception.Marriage of servicemen is an issue that concerns the happy life of millions of military servicemen.Whether servicemen enjoy a happy marriage life not only affects the battle effectiveness of troops,but also holds a stake in strengthening China's national defense.Thus,to protect the servicemen's marriage according to law serves as a significant move to benefit the overall development of both the nation and its army,as well as the practical interests of military officers and soldiers.It contributes to the harmony of every family.Catering to practical needs,the Special Protection System for Serviceman marriage [SPSSM]comes into shape.However,in existing judicial practices,many servicemen and their spouses usually have no access to protection and judicial relief,a bottleneck confronting the marriage of servicemen.In face of various problems,should the Special Protection System for Serviceman marriage attach greater importance to the interests and rights of servicemen's spouses (mostly women),or should it enhance protection efforts to focus on the prevention of third-party step-in and ensure the happy and harmonious marriage and life of servicemen? This issue has been bothering us for long.This paper will elaborate on the formation,history,and development of the Special Protection System for Serviceman marriage,analyze existing civil legal system on the protection of servicemen's marriage,try to figure out a solution to various contradictions in serviceman marriage through understanding origins,and put forward a comprehensive proposal and suggestion to improve the protection system for serviceman marriage.This paper consists of four chapters:Chapter One is an overview of existing Special Protection System for Serviceman marriage in China.There are parts in this chapter.The first part presents the definition of serviceman marriage specified by Chinese law.It analyzes relevant concepts in the Special Protection System for Serviceman marriage as well as legislation purposes.The second part provides a study on the origin of the Special Protection System for Serviceman marriage. Chapter Two is the history of the Special Protection System for Serviceman marriage.It analyzes the Special Protection System for Serviceman marriage from two perspectives,historic change and arguments about reservation and revocation of the Special Protection System for Serviceman marriage in China.Chapter Three gives an introduction to the existing provisions on the special protection of servicemen's marriage in China's Marriage Law.On this basis,it further analyzes the limitations and shortages of the Special Protection System for Serviceman marriage from such aspects as legal values,provisos,legal timeliness,and sociological aspect.Chapter Four discusses the positive significance of serviceman marriage under current time and social backgrounds based on previous three chapters,and tries to propose feasible suggestions to improve he Special Protection System for Serviceman Marriage in our country.This paper maintains that serviceman marriage should receive due protection,however,such protection shall not pose any limitation or harm to the rights of serviceman's spouses.The paper suggests that measures such as increase the welfare and salary of servicemen be taken to improve the military security system and stabilize servicemen's marriage.
Keywords/Search Tags:serviceman marriage, limitaition of the'exception clause', divorce
PDF Full Text Request
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