The Crime Of Destruction Of Military Marriage Object Existing In The Protection And Legislative Perfection

Military marriage legal system to protect the legal system in China-specific, derived from the Anti-Japanese War and gradually formed in a particular historical period,a legal and cultural traditions, formed to play a relevant role in the formation of a military marriage system with Chinese characteristics, and for a long period of time reflected in the value of its existence. With the continuous development of social economy, and constantly improve people’s ideas, the concept of marriage legal systems are constantly changing, but as a military marriage presents a special status from a certain level there is a lot in the community marital relations in recent years, also with the changing social and moral philosophy of change, and gradually exposed and civil law principles of conflicts and out of touch with the times changing, we should fully recognize the crime of destruction of military marriage protection against soldiers terms, can not meet the needs of the community, not simply to protect soldiers from marriage, because marriage in the military increasingly uncertain factors increased, the object of marriage constitute the crime of destruction of military increasingly diverse and complex, disputes and legal issues arising therefrom gradually increased.About military marriage special protection regime circles have been different voices, the author hopes to urgent problems currently forces military marriage exists one by one analysis, combined with the actual research and sampling from December2013to February2014during some of the forces of investigations and military court cases in recent years, undermine the crime unified military marriage combing summary, combining departments and units of Local military forces and marriage, find obvious contradictions, suggestions solutions.The first part of the military marriage protection and destruction of military marriage sins of the origins and history to sort out, explained the reasons for its formation, to identify the shortcomings due to the current military marriage special protection lag in judicial practice, the army formed in the social evolution of the development process and contradictions, combined with our military criminal law and internal regulations, a clear meaning and significance.The second part clearly undermine military marriage constitute the object of the crime, combined forces practice, citing military forces destroyed the presence of various prominent contradictions marriage by force to take the results of recent analysis of the object of the crime of destruction of military marriage with complexity, diversity and the causes. And measures the current military marriage these contradictions and loopholes and special protection of the law taken by the army and the collision drawbacks.The third part of the army for the destruction of the object of the crime of a complex diversity of marriage, think of the current social rationality debate on the abolition of the special military marriage protection provisions, including the principle of fairness legislative level, hindering the limitations of judicial practice,"but the book" the terms of the couple Both sides lack of rights, military marriage special protection clause can not fundamentally solve the soldiers happy, military divorce veto right of military spouses in divorce proceedings, the "marriage" between the three conflict "divorce freedom."The fourth part constitutes the object of the problems from the crime of destruction of military marriage, proposed to rebuild our country on the "Criminal Law" Section259of the proposed changes, the argument from fair balance, combined with the actual social progress, to build a new clause be feasible and reasonable analysis of research on building a harmonious marriage and the military to provide effective protection to demonstrate military marriage.