我国退役军官安置法律制度研究

发布时间：2019-03-03 20:43

【摘要】：古今中外,军队建设历来是一个国家安全和稳定的重要基石,而一支军队的强大与否,一定程度取决于其人员是否优化编成和有序更替,其中,退役军官的安置起到了很大的影响和导向作用。从现实意义来看,退役军官安置是一项重要的政治任务,是一种有力的强军手段,是一件积极的利国工作;从国家责任而言,军队为国家提供军事防卫这一公共产品,维护国家稳定、人民安全,军人退役安置有理由作为国家的一种重要制度安排而存在;从法理公平正义来讲,军人服役时有过很多牺牲奉献,有必要对其退役安置予以法律保障。但是,我国退役军官安置仍面临诸多困境,也因此反映出法律方面尚存的问题。一方面,由于地方人事体制改革等深入推进等原因,计划分配安置压力不断增大;另一方面,由于相关政策制度配套不健全等原因,自主择业安置作用发挥比较困难。从法律保障来看,存在退役安置立法不健全,相关法律运行不顺畅,配套法律制度不完善等问题。域外以美国、俄罗斯、印度等为代表的国家在退役军官安置的退役条件、安置方式、管理机构、就业培训、福利待遇等方面建立完善的法律体系,构筑健全的管理服务体系,提供优厚的福利待遇保障,提高退役军官社会地位,从而为我国法律制度保障退役军官安置提供了可资借鉴的经验。因此,我国在完善退役军官安置法律保障的进程中,应坚持正确指导思想,以社会化安置为基本方向,坚持责任、法制、激励、适应、创新等原则,不断完善我国退役军官安置立法,提高立法位阶,健全法律体系,规范法律内容,完善法律救济等。并通过健全组织体系、优化福利待遇、改进安置方法、畅通反馈渠道等,保障我国退役军官安置制度的落实。
[Abstract]:At all times and at home and abroad, the building of the armed forces has always been an important cornerstone of a nation's security and stability, and the strength of an army depends to a certain extent on whether its personnel are optimized and replaced in an orderly manner, among which, The placement of retired officers has played a great role in guiding and influencing. From the realistic point of view, the placement of retired military officers is an important political task, a powerful means to strengthen the army, and a positive work to benefit the country. As far as the state responsibility is concerned, the army provides the state with military defense as a public product, maintains the stability of the country, the security of the people, and the retirement of military personnel has reason to exist as an important institutional arrangement of the country; From the perspective of legal fairness and justice, military service has had a lot of sacrifice and dedication, so it is necessary to provide legal protection for their retirement. However, the placement of retired military officers in China is still faced with many difficulties, thus reflecting the legal aspects of the remaining problems. On the one hand, due to the in-depth promotion of local personnel system reform and other reasons, the pressure of planned distribution and resettlement is increasing; on the other hand, due to the incomplete matching of relevant policies and systems, it is difficult to play the role of independent job placement. From the point of view of legal protection, there are some problems, such as imperfect legislation on retirement resettlement, unsmooth operation of related laws, imperfect supporting legal system and so on. Countries such as the United States, Russia and India, represented by the United States, Russia and India, have established a sound legal system and a sound management and service system in the areas of retirement conditions, methods of resettlement, administrative institutions, employment training, welfare benefits, and so on. In order to improve the social status of retired officers, we can offer reference experience for the legal system of our country to guarantee the placement of retired officers. Therefore, in the process of perfecting the legal support for the placement of retired military officers, China should adhere to the correct guiding ideology, take socialized placement as the basic direction, adhere to the principles of responsibility, legal system, incentive, adaptation and innovation, and so on. Improve the legislation of the placement of retired military officers, improve the rank of legislation, perfect the legal system, standardize the content of the law, perfect the legal relief and so on. Through perfecting the organization system, optimizing the welfare treatment, improving the placement method, unimpeded feedback channels and so on, the implementation of the placement system for retired military officers in China is guaranteed.
【学位授予单位】：西南大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：E266

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