Special Protection Of Military Member’s Marriage

Military members have legal protection, to maintain the sustainable marriage against divorce. Under the marriage law, military members are protected from divorce proceedings so they can "devote their entire energy to the defense needs of the Nation." This legislative protection is aiming at human right of military members, and the devotion to their country is also related to the national defense. Marriage Law of the People’s Republic of China is based on the revolutionary periods in1950s, and promulgated in1980, which launched in several rules in details to renovate the legislative protection of military members, in according to the circumstances. The current Marriage Law regulates the divorce right of non-military members. However, as the social and economical development, this specific legislative protection has been in doubt considering its the reasonability, sustainability.The main purpose of this article also combines the civil law and marriage law, and illustrates the recent researches in a theoretical methodology.This article includes three parts, the introduction, the main discussion and the conclusion. In the first part of main discussion, the author emphasizes on the conception of military member’s marriage, the spouses and the legislative protection and obligations. In the second part, it includes literature review of legislative protection of military members, and specifies the background and development of marriage laws. In the third part, the author verifies the current legislative protection of marriage law of2001, and drawbacks of such regulations. And the last part concludes the suggestions in renovation and reregulation of current law. The conclusion summaries the legislative protection and obligations, and further on, illustrate the theoretical legal outlines.