Research On The Special Protection System Of Military Marriage

Due to the particularity of the military occupation，the military marriage isclosely related to the stability of the armed forces and the security of national defensewhen compared with the general marrige.. Currently, our special protection system ofmilitary marriage mainly refers to the section33of "the Marriage Law of the People’sRepublic of China". It’s actually a continuation of the revolution’s legislative ideas intoday’s reality. In order to stabilize the army and safeguard the interests of nationaldefense,certain restrictions were imposed on the freedom of marriage of thenon-military side of the military marriage to achieve the protection of the interests ofthis special group of soldiers. The special protection of the military marriage incurrent marriage law has added new content to traditional military marriage protectionand promoted the civil protection system of military marriage.Thanks to the social pluralistic development and the improvement of theawareness of individual rights, legal maintenance of the individual rights has reachedan unprecedented height.The special civil protection rules of military marriage incurrent Marriage Law has eased the conflict for a certain extent,but still did notcompletely change the reality of the personal interests of the non-military partner ofmilitary marriage has been violated.This paper consists of the following three parts:Part I is the The reason why I interested in the special civil protection rules ofmilitary marriage, and the problems caused by the case. Illustrates the theoreticalvalue and practical significance of choosing special civil protection rules of militarymarriage as a thesis topic.This article is coming from the concept of military marriageand going through the history of special protection of the military marriage,analysis ofthe current “marriage law”.Focus on the deficiencies of the special protection ofmilitary marriage,and the protection of the right of the non-military spouse.On the basis of these,perfecting the special protection system.Part II: Overview of the special protection rules of military marriage. Explain theconcept of military marriage and the different special restrictions of military marriage.Explain the legislative intent of the military marriage and the historical background ofthe special protection system of military marriage,the legislative purpose andfunction. Explain the conception of military marriage and the special restrictions of it.Part III: the practical problems of the special civil protection of military marriagerules and why. Analysis China’s current special civil protection system of militarymarriage by discuss the characteristics of the current sociaty,the negative effects of therules and the difficulties of proof in the judicial practice,finds out that protectedmilitary marriage by limiting the rights of the non-military partner is lack ofrationality or effectiveness.Part IV: The lack of China’s special civil protection system of military marrigeand the suggestions for improvement. Put forward a sound advice on specificproblems of a special protection clause of the military marriage for China’s MarriageLaw.