China News Service, Beijing, July 31. The "Law of the People's Republic of China on the Protection of Military Status and Rights and Interests" will come into effect on August 1, 2021.
This is a basic and comprehensive law for the protection of military status and rights and interests, and fills the gaps in the national legal system.
What norms does this law make?
What are the innovation highlights?
Hao Wanlu, a member of the 13th National Committee of the Chinese People's Political Consultative Conference and a professor of the Joint Service College of the National Defense University, accepted an interview to explain relevant issues.
Reporter: As a Dafa that fills the gaps in the national legal system, first of all, please talk about how this law is organized?
What are the main specifications?
Hao Wanlu: The layout of the article first involves the positioning of the law.
We position this law as a law that "administers" the status of military personnel and the protection of rights and interests.
The layout of this law plan is designed in accordance with the legal positioning of "general management" and runs through the main line of making military personnel a profession respected by the whole society.
Among them, the key is to deal with the relationship between military status and military rights. On the basis of standardizing military status, highlight military rights and protection. In the entire system structure, military status is the core and main axis, and military rights and protection are the key points. The basic support of military status, rights relief and legal responsibility are important guarantees of military status and rights.
In accordance with the logical thinking of "status-rights and protection-rights relief and legal responsibility", adhere to the principles of inheritance, innovation, overall planning, and system design, closely follow the special attributes of military personnel, and scientifically build a legal framework structure. There are 7 chapters and 71 articles. Mainly include the "six norms": standardize the basic principles and implementation responsibilities of military status and rights protection; standardize the legal status of military personnel; standardize military honor maintenance system; standardize military treatment protection system; standardize military compensation and preferential treatment system; standardize rights relief and accountability system.
The "six norms" system is comprehensive, logically rigorous, independent and closely related to each other, and rationally regulates the scope, content, methods, and level of protection for military status and rights, and establishes a system for the protection of military status and rights. "Four beams and eight pillars" scientifically answered the important questions of who will guarantee, what and how to guarantee.
Reporter: We know that the protection of military status and rights is an important part of national defense and army building, and is the common responsibility of the entire society.
Could you please talk about the principled provisions of this law in response to this problem?
Hao Wanlu: The law makes three provisions around this issue, with three key words: responsibility, assessment, and commendation.
First, it has clarified the responsibilities of various entities that protect the status and rights of military personnel, including all state agencies and armed forces, various political parties and group organizations, enterprises and institutions, social organizations, and other organizations, which guarantee the status and rights of military personnel in accordance with the law. All citizens should protect the legitimate rights and interests of soldiers in accordance with the law.
The purpose of this provision is to mobilize and encourage all kinds of organizations and all citizens to do a good job in safeguarding the status of military personnel and legitimate rights and interests.
Second, it clarified the assessment and evaluation mechanism for the protection of military status and rights, and stipulated that relevant central and state agencies, local people’s governments at or above the county level and their related departments, and military agencies at all levels should consider the status and rights protection of military personnel. It is an important part of the appraisal of the work of supporting the army and the family, supporting the government and loving the people, and the assessment and evaluation of the person in charge of the relevant unit and the staff.
Such a provision is conducive to better playing the role of the baton, weather vane, and booster of assessment and evaluation, and encourages responsible entities to perform their duties in accordance with the law.
Third, the commendation and reward mechanism for the protection of military status and rights is clarified, and it is stipulated that units and individuals who have made outstanding contributions to the protection of military status and rights shall be commended and rewarded in accordance with relevant national regulations.
In this way, we will set an example and model in the whole society and promote the effective implementation of this work.
Reporter: The orderly operation and implementation of any law must be guaranteed by corresponding institutional mechanisms.
Could you please talk about how the law regulates this?
Hao Wanlu: This law specifically regulates the management system and operating mechanism for the protection of military status and rights and interests.
Regarding the leadership and management system, the law clarifies that all relevant departments from the central and state agencies to townships, sub-districts, and grassroots mass autonomous organizations, from the relevant departments of the Central Military Commission to the political work departments of units above the regiment level, should undertake and perform related responsibilities.
This stipulation builds a leadership management responsibility system that extends horizontally to the side and vertical to the bottom.
Regarding the work operation mechanism, there are three levels: at the central level, the law clarifies that the political work department of the Central Military Commission, the competent department for retired military personnel work of the State Council, and the relevant central and state agencies, and relevant departments of the Central Military Commission, shall, in accordance with the division of responsibilities, do a good job in safeguarding the status of soldiers and their rights and interests. At the local level, it is clear that local governments at and above the county level, and the political work departments of units above the regiment level of the army will do a good job of guarantee work in accordance with administrative divisions or unit organizational systems; at the work coordination level, it is clear that the national defense mobilization system is responsible for the administrative region between military and local governments. Coordinating the work of contact and coordination, and establish a work coordination mechanism as needed.
Such a design is conducive to the formation of a support pattern that connects from top to bottom and connects the military and the ground.
Reporter: There are multiple sources of funds for the protection of military status and rights and interests, and the situation is complicated. Could you please talk about how the law provides for this?
Hao Wanlu: This issue involves the fiscal powers and expenditure responsibilities of the central and local governments.
The financial relationship between the central and local governments is a basic part of the division of powers and responsibilities between governments and an important aspect of modern national governance.
The Fourth Plenary Session of the 19th Central Committee of the Communist Party of China proposed to optimize the division of government powers and financial powers, establish a clear power and responsibility, financial coordination, and regionally balanced central and local financial relationship, and form a stable government power, expenditure responsibility and financial capacity compatible with all levels of government. system.
The sources of funding for military status and rights protection are diverse and complex. In actual work, the power and expenditure responsibilities in this area are determined according to the overall pattern of regional economic and social development, the different attributes of various basic public services, and the actual financial situation. of.
I understand that the military status and rights protection matters involved in this law generally belong to the central fiscal authority, and the central finance arranges funds; some matters belong to the common authority of the central and local governments, and the central and local governments share the responsibility for expenditure; there are also individual matters. It belongs to the power of local affairs, and the local finance bears the responsibility for expenditure.
The law, in accordance with the relevant regulations on the division of central and local fiscal powers and expenditure responsibilities in the field of national defense, clarifies the status of military personnel and the funds required for the protection of rights and interests, and the central and local governments include them in the budget in accordance with the principle of matching powers and expenditure responsibilities.
This provision aims to define the guarantee responsibilities, rights and obligations of the central and local finances, and is conducive to enhancing the planning and continuity of the funds required for the protection of military status and rights and interests, maximizing the activation of various support resources, and ensuring the effectiveness of related funds. Implementation and efficient use.
Reporter: Maintaining the status of soldiers and protecting the rights and interests of soldiers requires mobilization of the entire society. Could you please talk about the innovative provisions of this law for the participation of the entire society in supporting the status of soldiers and the protection of rights and interests?
Hao Wanlu: Focusing on the guiding, encouraging, and advocating role of legal norms, strengthening the national defense awareness of the whole people, and making caring about national defense, loving national defense, building national defense, and defending national defense become the ideological consensus and behavioral consciousness of the whole society. This law is for the whole society to participate in supporting the status of military personnel. There are mainly “five encouragements” in the work of safeguarding rights and interests: First, the state encourages and guides social forces such as group organizations, enterprises and institutions, social organizations, and individuals to protect the rights and interests of soldiers through donations and voluntary services in accordance with the law. Provide support and provide tax incentives to social forces that meet the prescribed conditions in accordance with the law; second, the state encourages private medical institutions to provide preferential treatment services for military members and martyrs, soldiers who died on duty, and the survivors of soldiers who died of illness; Employers with employment needs give priority to arranging employment for family members of the army; fourth, the state encourages and supports qualified private schools to provide educational benefits for children of soldiers and martyrs, and children of soldiers who sacrificed on duty; fifth, the state encourages and supports enterprises, institutions, and social organizations And other organizations and individuals provide assistance services to families in need.
These regulations and measures are in line with the state's reform trend of encouraging social forces to promote public welfare undertakings in accordance with the law, and are conducive to establishing an incentive mechanism that encourages and guides all social forces to participate in the protection of military status and rights and interests, and improves the quality of military benefits and benefits.
Reporter: Duty performance guarantee is an important part of professional rights protection. Could you please talk about the law regarding the state's guarantee for military personnel to perform their duties?
Hao Wanlu: my country's civil service law, judge law, prosecutor law and other personnel laws all make clear provisions on the protection of working conditions, identity protection, and training protection.
Soldiers bear the sacred duty of safeguarding national sovereignty, security, and development interests entrusted by the Constitution and laws. The legal status is important and the mission is glorious. It is particularly important to protect the soldiers in performing their duties in accordance with the law.
The law stipulates in three aspects: First, it is clear that the state provides guarantees for military personnel to perform their duties, and that the behavior of military personnel in performing their duties in accordance with the law is protected by the law; second, it is clear that military personnel cause damage to the legitimate rights and interests of citizens, legal persons, or other organizations due to the performance of their tasks. According to relevant regulations, the state shall pay compensation or compensation; third, citizens, legal persons and other organizations shall provide necessary support and assistance for military personnel to perform their duties in accordance with the law.
Such a provision not only clarifies the basic elements and requirements for the protection of military personnel’s performance of duties in accordance with the law, but also aligns with the provisions of the National Defense Law that the conduct of active military personnel in performing their duties in accordance with the law is protected by law.
Military personnel perform their duties in accordance with the mission and responsibilities assigned by the state, which in essence embodies the will of the state, and only when they are effectively protected by the law can their conduct of performing their duties in accordance with the law be authoritative and compulsory.
Reporter: Soldiers who sacrificed for the country, the people, and the nation are the backbone of the Chinese nation and carry the historical memory of a nation. The nation and society will never forget.
Could you please talk about the provisions of the law in this regard?
Hao Wanlu: To give special respect, courtesy and treatment to heroes and martyrs and their survivors is not only the responsibility of the country, but also the obligation of the whole society.
In history, countless heroes and model characters have emerged in our party and our army, and they have used their lives and blood to forge the cornerstone of the Republic.
To this end, the law is clear that the state and society respect and remember soldiers who sacrificed their lives for the country, the people, and the nation, and respect and treat their survivors; the state establishes memorial facilities for heroes and martyrs for the public to pay homage to heroes and martyrs, and carry out commemoration and education activities.
These regulations are aimed at emphasizing that respect and remembering are the best commemorations for soldiers who sacrificed for the country, people and nation, fully embody the national will to respect and praise soldiers and heroes and martyrs, and are a great recognition and strong protection of the honor of soldiers; At the same time, the memorial facilities for heroes and martyrs are important memorial places to praise heroes and martyrs, publicize their deeds, and promote the spirit of martyrs. Its main social functions are for the public to pay homage to heroes and martyrs, and to carry out commemorative and educational activities. The society is an important measure to promote the spirit of patriotism, collectivism, and revolutionary heroism.
Respecting and remembering soldiers who sacrificed for the country, the people, and the nation is the fine tradition of our party and our army. The country has also issued a series of related laws, regulations, and policies. The provisions of this law are a condensed summary of the current laws and policies.
Reporter: Honor is the second life of a soldier. The honor of a soldier needs to be promoted and protected.
Could you please interpret the specific provisions of the law in this regard?
Hao Wanlu: The law focuses on the protection of military honour and provides three aspects: First, it is clear that the honour and reputation of military personnel are protected by law. This is the basic regulation.
The second is to stipulate that the honors obtained by soldiers shall be enjoyed by them for life, and shall not be revoked without legal reasons or legal procedures.
That is to say, military ranks, honorary titles, medals and medals and other honors are lifelong honors of military personnel. The state should give special protection and cannot be revoked without statutory reasons or statutory procedures.
The third is to stipulate that no organization or individual shall in any way slander or belittle the honor of military personnel, insult or slander the reputation of military personnel, and shall not intentionally damage or defile the honor mark of military personnel.
These regulations are restrictive and prohibitive clauses set in response to some problems that exist or are prone to occur in reality. They are specific to the relevant provisions of the Civil Code, the National Defense Law, the Criminal Law, the National Medal, and the National Honorary Title Law. This is an important guarantee for the rule of law to protect the bottom line of social conscience and safeguard the honor and dignity of military personnel.
Reporter: Could you please talk about how the law stipulates the principle of superimposing and sharing inclusive benefits and pension benefits?
Hao Wanlu: Regarding this principle, Article 47 of the law clearly stipulates that people's governments at all levels shall ensure that the recipients of pension and preferential treatment enjoy citizens' inclusive treatment and at the same time enjoy corresponding pension and preferential treatment.
This stipulation has three meanings: First, it is clear that the recipients of special care are ordinary citizens and enjoy the inclusive citizenship provided by the state through the social security and basic public service system, including the enjoyment of old-age care, medical care, education, employment, housing, and assistance. Social security benefits such as the disabled and the elderly; the second is to emphasize that due to their special identity attributes, preferential care recipients can enjoy corresponding pension preferential treatment on the basis of legally enjoying social security and basic public services. When reviewing preferential care recipients’ enjoyment conditions , Pensions, subsidies and preferential treatment payments are not included in personal and family income, reflecting the attributes of contribution incentives; third, in the pension preferential treatment policy, some are general preferential treatments for all preferential treatment recipients, and some are further provided for preferential treatment recipients who make special contributions. Special treatment.
The principle of superimposition and sharing of inclusive benefits and special care is a reiteration and summary of current laws and policies such as the Law on the Protection of Veterans and the Opinions on Strengthening the Work of Special Care and Placement under the New Situation. The sense of honor, acquisition, and happiness of a soldier.
Reporter: What specific regulations does the law make regarding the preferential treatment of public transportation, visits, and culture?
Hao Wanlu: The law stipulates two levels of regulations: The first is to clarify that soldiers, their families and martyrs, soldiers who died on duty, and the survivors of soldiers who died of illness can enjoy visiting parks, museums, memorials, exhibition halls, places of interest and cultural heritage. Priority and preferential services in tourism and other areas.
The second is to clarify that military personnel can take city buses, trams, ferries, and rail transportation free of charge; military personnel and martyrs, family members of soldiers who died on duty, and family members of deceased soldiers, as well as their family members traveling with them, can take trains, ships, and long-distance public transportation that run within the country. Cars and civil airliners enjoy priority ticket purchase and priority rides (ships, airplanes) and other services, and disabled soldiers enjoy fare discounts.
These designs uniformly regulate the subject of preferential treatment, preferential treatment content, and preferential treatment methods for visits, cultural tourism, and transportation. It not only systematically summarizes and confirms the current laws and policies, but also adjusts and enriches the expectations of social development and officers and soldiers. , With a wide range of coverage and a large scope of influence, is conducive to strengthening national and social security responsibilities, enhancing the sense of honor and pride of soldiers, military members and martyrs, soldiers who died on duty, and soldiers who died, and creating a strong atmosphere in which the whole society respects the profession of military personnel.
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