Research On Chinese Retired Soldiers’ Legal Issues Of Employment And Resettlement

Employment is the top one livelihood issue which involves everyone.Ex-servicemen are quite special as they’ve been trained by army,which enables them with persistence.They are valuable assets to our country.Ensuring their employment rights is an important responsibility and task for the entire society.Resettlement work is a special employment right for retired soldiers.The state can transfer officers who need to be discharged from active service due to age,staffing,physical reasons,and other reasons.Soldiers who have served the army over 12 years,ones who have won second class honors,and those ones who are disabled or children of martyrs at level 5-8 can be arranged for placement by the government.Over the years,China has attached great importance to the employment and placement of retired soldiers.The government has work out laws,regulations,and service assurance agencies in different periods based on economic conditions.From the establishment of the Central Demobilization Commission in 1950 to the establishment of the Department of Veterans Affairs in March 2018,as well as the establishment of a five-level service guarantee system for retired soldiers,the system has further strengthened the protection of the employment and resettlement rights of retired soldiers.With the publishment of the "Retired Soldiers Security Law" in 2020,which is the first specialized law for retired servicemen’s work.It clarifies the status and role of the security work for retired servicemen in the new era from the legislative level,which provides strong legal support for safeguarding the legitimate rights and interests of retired servicemen.In this way,the whole society respect the servicemen.It also fills the legal gap in the work of retired servicemen in China.Although the protection of the rights and interests of retired servicemen in employment and resettlement is improving,there are still many problems in protecting retired servicemen’ rights in employment and resettlement.It can be saw that there are still some critical issues in the employment of retired soldiers,such as false placement and not taking up the post after placement,the employment cannot be made or the new post refuse to take them.There is also inconsistency in resettlement policies and poor resettlement quality in the normal performance of resettlement procedures.In terms of self-employment,retired soldiers generally face problems like high employment pressure,weak self-initiative,inadequate employment support policies and poor training.To better protect the employment and resettlement rights and interests of ex-servicemen,we have analyzed the existing laws and regulations on employment and resettlement of ex-servicemen.Based on the content of relevant laws and regulations on employment and resettlement of ex-servicemen,we have analyzed the current situation of laws implementation of laws and regulations,as well as the effectiveness of judicial means to resolve disputes.We can conclude that the main reason for the existence of above problems is the weak foundation of the law.For example,the content of legal provisions is not perfect,the policy system is not sound,and the current law lacks a certain degree of systematization.Although the "Law on the Protection of Retired Soldiers" has been introduced,its supporting policies and regulations have not been introduced yet.The legal norms and regulations are too theoretical and hard to operate practically.For example,the so-called "specific measures shall be formulated by the provincial people’s government" clause in the "Regulations on the Placement of Veteran Soldiers" can lead to great uncertainty in the implementation process.There are many differences in the specific distribution process of one-time economic subsidies,which is hard to eliminate regional differences and the emergence of new unfair phenomena;The lack of legal relief content leads to the fact that retired soldiers often seek relevant ways of petition relief after disputes arise,which violates the concept of governing the country according to law in China.In the field of law enforcement,there are still phenomena such as inadequate supervision,lack of law compliance and enforcement,as well as lack of accountability for law violations.The administrative penalty power granted by the law to the administrative department in charge of the employment and placement of retired soldiers is rarely used in practical work.Even if the placement and receiving units of retired soldiers do not accept them,ex-servicemen can only fight via personal rights protection.Alternatively,they may have to change their unit which is rare to perform the penalty power to punish those units who refused ex-servicemen.When resolving cases of infringement on the rights and interests of ex-servicemen in employment and placement,the judicial organs have insufficient mechanisms and means to resolve conflicts and disputes according to law.For example,for most cases of administrative litigation on the placement of retired servicemen,the court rejected the request on the grounds that "the placement of retired servicemen is a national policy or placement policy and does not apply to the scope of administrative litigation".As a result,retired soldiers cannot use judicial relief to protect their legitimate rights and interests.Finally,the article discusses the following aspects: legislation,law enforcement and administration of justice.The three aspects of justice have proposed legal countermeasures to improve the employment and resettlement rights of retired soldiers.We will improve legislative safeguards for the employment and resettlement of ex-servicemen,promulgate the "Regulations on the Placement of ex-servicemen" as soon as possible,and implement detailed rules for employment promotion.We will unify the standards for one-time economic subsidies,supplement legal remedies,and other relevant content.In this way,the administrative litigation rights for employment and resettlement disputes of ex-servicemen can be legally enforced.Changing concepts,improving the ability to administer according to law,expanding law enforcement supervision in multiple ways,which can ensure that law enforcement work for the employment and placement of retired soldiers is supervised.Improving the effectiveness of dispute resolution through judicial channels,enhancing the relevant mechanisms of administrative litigation for the employment and resettlement of retired soldiers.This can increase the number of guiding cases for the employment and resettlement of retired soldiers and pilot a new approach to military-civilian joint justice to comprehensively safeguard the legitimate rights and interests of the employment and resettlement of retired soldiers.In short,most ex-servicemen have sacrificed their personal rights and interests for the national defense cause of the motherland and have dedicated great youth.We have comprehensively done a good job in the employment and placement work of ex-servicemen.Meanwhile,it has utilized laws to ensure and safeguard their employment and placement rights.Only in this way they can serve the country in full mind to build national defense and maintain society stability.This means a lot to China’s great goal of building a world-class military and becoming a military power.