我国退役军人社会优扶法律制度研究

发布时间：2018-03-06 21:32

本文选题：退役军人　切入点：社会优抚　出处：《甘肃政法学院》2014年硕士论文　论文类型：学位论文

【摘要】：现在的中国面临着领土争端等一系列不安全的因素,战争的突发性越来越大,加强军队建设尤其重要,而社会优抚法律制度与军人息息相关,是激发军人斗气、提高战斗力的必要渠道。正确认清我国退役军人社会优抚的现状,就需要我们实事求是,准确把握现代国防建设对社会优抚法律制度提出的更高要求,以及二者更加紧密的联系,加深对建立和完善退役军人社会优抚法律制度的重要性认识,探索出一套适合我国现行的退役军人社会优抚法律制度,才能吸引中华优秀儿女加入到国防建设队伍中来,才能符合军队质量建军的要求,也是社会主义市场经济发展的客观需要。改革和完善退役军人社会优抚法律制度,是提高军队吸引力,是解除军人生活之忧的重要手段和制度。为了中国的国防现代化建设的需要,为了保障中国有和平发展的环境,改革和完善退役军人社会优抚法律制度已经刻不容缓。近几年来,我国的许多的法律制度都有了较大的改革与完善,各类人的合法权益保障都得到了巨大的改善,退役军人的社会优抚待遇也有了很大的提高,但是优抚法律制度建设仍然进步不大,与发达国家和一些发展中国家的军人社会优抚法律制度相比,仍然有鲜明的差距。退役军人的社会优抚法律存在的问题,依然不容乐观。首先,在国家位于和平期内,许多人国防观念淡薄,拥军爱属意识不强,认为军人不是弱势的阶层,也没有创造经济效益的能力,不应不劳而获,现行的优抚法律保障力已经能满足需求。其次,退役、伤残、牺牲等军人优抚标准低,还有许多军龄长的军人家属文化水平不高,多数人来自农村,无一技之长,谋生能力较差,工作难找,合法的权益得不到保障,社会优抚法律覆盖面不全。所以中国军人的社会优抚法律制度的建设缺少长期性和战略性的考虑,一些社会优抚法律条款与现实不相符,法制化、社会化程度不高,主要依靠政令来执行,这些都不能更好地解决退役军人及家属的生活上难题,使之受到生活的拖累。只有加大力度对退役军人社会优抚的法律制度的基本理论进行研究,分析我国退役军人社会优抚法律的现状和存在的根本问题,借鉴美国、德国与印度等国先进经验和我国现行的一些好的做法,从完善立法、增加社会优抚经费、加大对退役军人及家属优抚力度等入手,协调好国家、军队、社会和个人权利与义务,理顺管理体制,遵从市场经济规律,才能解决好退役军人社会优抚的问题,提出一条符合中国的、各方满意的社会优抚法律制度来。
[Abstract]:Now China is faced with a series of unsafe factors, such as territorial disputes, and the sudden outbreak of war is becoming more and more serious. It is particularly important to strengthen the building of the armed forces. The necessary channels for improving combat effectiveness and a correct understanding of the current situation of social preferential care for retired military personnel in our country require us to seek truth from facts and accurately grasp the higher requirements put forward by the modern national defense construction for the legal system of social preferential care. And the two are more closely related, deepen the understanding of the importance of establishing and improving the social preferential legal system of retired servicemen, and explore a suit of law system suitable for China's current society of retired servicemen. In order to attract outstanding Chinese sons and daughters to join the ranks of national defense construction, to meet the requirements of military quality and army building, and also to meet the objective needs of the development of the socialist market economy, we can reform and improve the legal system of social excellence for retired military personnel. It is an important means and system to improve the attractiveness of the armed forces and to relieve the worries about the life of servicemen. For the sake of China's national defense modernization construction, and in order to ensure a peaceful environment for China's development, It is urgent to reform and improve the legal system of preferential care for retired servicemen. In recent years, many legal systems in our country have been greatly reformed and perfected, and the legal rights and interests of all kinds of people have been greatly improved. The social preferential treatment of retired soldiers has also been greatly improved, but the construction of preferential legal system is still not much progress, compared with the developed countries and some developing countries, There is still a clear gap. There is still no optimism about the problems existing in the laws governing the society of retired servicemen. First of all, during the period of peace, many people have a weak sense of national defense and do not have a strong sense of support for the army. They believe that military personnel are not a vulnerable class. There is also no ability to create economic benefits and should not be rewarded without effort. The current legal support for preferential care has already been able to meet the demand. Secondly, retired, disabled, and sacrificed servicemen have low standards for preferential treatment, and many military families with long military years have a low level of education. Most people come from rural areas, have no skills, are poor at earning a living, are hard to find work, and their legitimate rights and interests are not guaranteed. Therefore, the construction of the social preferential legal system of Chinese military personnel lacks long-term and strategic consideration. Some of the legal provisions of social preferential care are inconsistent with reality, legalized, and not highly socialized. Mainly relying on decrees to carry out, these can not better solve the problems in the life of retired servicemen and their families, and make them suffer from the drag of life. Only by stepping up efforts to study the basic theory of the social preferential legal system of retired servicemen, Based on the analysis of the current situation and the existing problems of the social preferential pension law in China, the author draws lessons from the advanced experience of the United States, Germany and India, and some current good practices in our country, in order to improve the legislation and increase the funds for social benefit. Only by strengthening the efforts to give preferential care to retired servicemen and their families, coordinating the rights and obligations of the state, the armed forces, society and individuals, straightening out the management system and complying with the laws of the market economy, can the problem of social preferential care for retired servicemen be solved well. To put forward a social preferential legal system in line with China and satisfactory to all parties.
【学位授予单位】：甘肃政法学院
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.182.3

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