Legal Thinking On Military Marriage Protection Law

The 19 th National Congress of the Communist Party of China clearly stated that China will comprehensively deepen the rule of law and rule the country.All laws and regulations should be made in accordance with the Constitution.It is of great significance to adjust,revise and abolish laws and regulations in the current law that do not conform to the spirit of the law,violate the spirit of the Constitution,and are not suitable for the social living conditions of the society.The report of the 19 th National Congress of the Communist Party of China pointed out that we should safeguard the legitimate rights and interests of the military,and make the military a respected occupation of the whole society.The army is the armed force of the country and the strong pillar of the people’s democratic dictatorship.The stability of the army is inseparable from every officer and soldier.Every officer and soldier is a part of the army.Only when the officers and soldiers have a harmonious family can they actively contribute to the construction of the army and maintain a good fighting state.Since the founding of the Communist Party of China,with the transformation of the state of war,the continuous changes of military strength,economic strength and social productivity conditions,the military marriage system in China has also been changing.The 19 th National Congress of the Communist Party of China clearly stated that China will comprehensively deepen the rule of law and the rule of law in accordance with the constitution.All laws and regulations shall be made in accordance with the constitution.It is of great significance to adjust,modify and abolish the laws and regulations that do not conform to the spirit of the law,violate the spirit of the Constitution and are not suitable for the material living conditions of the society,so as to build a socialist legal system with Chinese characteristics in an all-round way.This research takes constructivism as the basic theoretical basis,and combines the comparative analysis method,economic analysis method,social analysis method,historical analysis method and other research methods to study this problem comprehensively.By analyzing the meaning and necessity of the legal protection of military marriage from multiple perspectives,the academic circles pay attention to the demands of military and military families.This paper is divided into three parts: introduction,main text and conclusion.In the introduction part,the writer introduced the purpose and significance of this paper,then summarized the background of this paper.I used to be a soldier,and feel the same about the pursuit of happy family,but the soldier can‘t protect his family well because of his duty.Under the correct leadership of the party and under the instructions of the Party Central Committee with Xi Jinping as the core,the whole society upholds heroes and praising military professionals.Under such an opportunity,it is of great practical significance to care about the happiness of military families and discuss the issue of military marriage.The main text is divided into four parts.In the first part,it summarizes the history of the current military marriage legal protection in China,defines the military marriage,defines the concept,and summarizes the development history of the military marriage protection system.The second part,combing and counting the existing criminal and civil cases related to military marriage,selecting classic cases,and summarizing the characteristics of judging.The third part,elaborated the academic circles to the military marriage protection law three kinds of arguments.The author analyzes the existing problems of the current military marriage protection law in detail: The article 259 of criminal law and Article 33 of marriage law are reviewed for unconstitutionality.It is found that article 259 of criminal law is constitutional,Article 33 of marriage law is unconstitutional,and violates the basic principle of civil law autonomy.The law of military marriage protection lags behind the social reality seriously.The lag of law is a defect of law itself.In terms of procedure,the burden of proof is too high in Article 33 of marriage law.Based on the above problems,the author tries to improve the legal rules of military marriage protection,add long-term adultery as a constituent element of the crime in article 259 of the criminal law,andban Article 33 of the marriage law.Law should not be the only method to protect military marriage,but also improve the system from the aspects of the people ‘ s livelihood system,such as medical treatment,children’s education,job transfer,pension and so on,which are closely related to the interests of the soldiers and the military families.In addition,the military should increase the training on the intimate relationship and parent-child relationship of the soldiers,so as to jointly protect military marriage in multiple dimensions.In the conclusion part,the author once again clarifies his own point of view:there are deficiencies and defects in the current legal protection system of military marriage,but this system should be combined with the current social material living conditions to play its role in other ways,rather than relying on the force of law only to maintain a broken marriage.The protection of military marriage not only needs the National People’s livelihood system to favor more soldiers,but also needs the joint efforts of both husband and wife.Only when the army creates the atmosphere of loving and protecting the family,and the soldiers influence it imperceptibly,can we maintain the stability of military marriage.