Interpretation of Military Status and Rights Protection Law

Support the army in accordance with the law and respect the most lovable person

  ——The fourth interpretation of the military status and rights protection law series

  Reporter: Settling down with the army is a matter of peace of mind for soldiers to serve. It is a practical issue that many military families are very concerned about.

Could you please talk about the new regulations made in this law in this respect?

  Hao Wanlu: Yes, this issue is very important. Protecting the family rights and interests of military personnel is to ensure the combat effectiveness of the troops. This law incorporates the important content of the family rights and interests of military personnel into the law and regulates them.

I understand that the main innovations have three aspects: First, the restrictions on the military officers’ family members’ enrollment in the military have been removed. It is clarified that military officers and sergeants who meet the prescribed conditions can apply for settlement with the military for their spouses, minor children and adult children who cannot live independently.

Such a provision not only implements the deployment requirements of the military policy system reform, but also conforms to the characteristics of the military profession and the development trend of the national household registration system reform.

The second is to make provisions for the children of two soldiers to settle down with the army, and it is clear that if both spouses are soldiers, their children can choose one of their parents to settle down with the army.

This design is a summary of the current laws and policies.

For a long time, our country has implemented a voluntary policy that infants settle down with their fathers and their mothers. However, underage children of soldiers who settle down with the army are generally controlled by their mothers. The army reflects that this is unfair to the two soldiers and their children.

In particular, the underage children of two soldiers in different places can only follow the female soldiers to settle down with the army, which brings a series of worries to female soldiers working in the army in difficult and remote areas. Even if the husband’s military station has a better environment for fostering children, it is also due to the household registration problem. This makes it difficult for children to enjoy high-quality resources and affects the ideological stability of these military personnel. It is necessary to make adjustments and clarifications clear.

The third is to provide for the relocation of family members' household registration with the military after the location of military service is changed. It is clear that if the location of military service is changed, family members who have been with the military can settle with the relocation, or choose to relocate their household registration to the original household registration location of the military or military spouse or The place where the military parents and the parents of the military spouse are registered.

This provision mainly considers the high mobility of the military profession. With the increase in the number of troops shifting and changing defenses and cross-regional large-scale exchanges become the norm, it is difficult for some family members who have been with the military to relocate to a new military station. In response to the concerns of officers and soldiers, the law has clarified five options for household registration relocation with military family members. This not only solves practical contradictions and relieves military personnel’s worries, but also maintains convergence with the current military retirement and resettlement policies, in order to strengthen military personnel and their families. The sense of gain and happiness of the family provides an effective guarantee.

  Reporter: Compensation and preferential treatment is an important safeguard measure taken by the state to deal with the professional risks and sacrifices of soldiers, and it is an important part of the rights and interests of soldiers.

Could you please interpret the basic provisions of the law on pension benefits?

  Hao Wanlu: This is an important question.

Compensation and preferential treatment of military members reflects the party and the state's high recognition and special care for military personnel for their special sacrifices.

The law clarifies the basic provisions of pension and preferential treatment from two levels: First, it stipulates the basic policy of pension and preferential treatment, clarifying that the state and society respect the contributions and sacrifices made by military personnel and military families for national defense and military construction, and give preferential treatment to military personnel and military family members. Give preferential treatment to the survivors of martyrs, soldiers who died on duty, and soldiers who died of illness to protect the lives of disabled soldiers.

Such a provision is a concentrated expression and concretization of the relevant provisions of the Constitution, the National Defense Law and other laws and regulations.

Compensation and preferential treatment have made important contributions to the party and the country. They are the people’s heroes. Respect and preferential treatment of the preferential treatment targets is the consistent policy and fine tradition of our party and our army. The value of his family's sacrifice and dedication is recognized.

The second is to stipulate the overall goal of pensions and preferential treatment, clarify that the state establishes a pension and preferential treatment guarantee system, reasonably determine the standard of pensions and preferential treatment, and gradually improve the level of pensions and preferential treatment.

This provision aims to better reflect the essential attributes of the pension and preferential treatment, enhance the incentive function of the pension and preferential treatment, and promote the transformation of the pension and preferential treatment from life difficulties to a combination of social praise, pension and preferential treatment.

At the same time, it also outlines the development direction of the pension and preferential treatment system, namely: systematically build a balanced and balanced quantitative standard system for pension and preferential treatment; reasonably determine the contribution and treatment to match the pension and preferential treatment standards, and highlight the contribution and incentive attributes; realize the pension and preferential treatment with the growth of the national economy It will be improved simultaneously with the development of social undertakings to ensure that the recipients of special care can share the fruits of national economic and social development in a timely manner.

  Reporter: The law clarifies that the recipients of the pension preferential treatment “enjoy the inclusive citizenship treatment and enjoy the corresponding preferential treatment treatment at the same time”.

Could you please interpret the specific connotation of this regulation?

  Hao Wanlu: Yes, it is stipulated in Article 47 of the law 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.

Such regulations clarify the basic principle of superimposing and sharing inclusive benefits and pension benefits. Specifically, it has three meanings: First, it is clear that the recipients of special care are ordinary citizens and enjoy the inclusive benefits of citizens provided by the state through the social security and basic public service system in accordance with the law. Including the enjoyment of pensions, medical care, education, employment, housing, assistance, and social security benefits such as the disabled and the elderly; the second is to emphasize that preferential care recipients can be superimposed on the basis of enjoying social security and basic public services in accordance with the law due to their special status attributes Enjoy the corresponding pension and preferential treatment. When reviewing the conditions of preferential treatment, 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 policies, some are universally provided for all preferential treatment targets. Preferential treatment, and some are further special preferential treatments for those who have made special contributions.

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.

  Reporter: Employment is the foundation of people's livelihood.

I have noticed that the law contains a wealth of information on the employment placement and preferential treatment of military spouses. Could you please explain to us what are the specific regulations in this regard?

  Hao Wanlu: Yes, the law specifically makes three provisions, which are very heavy. This is because the employment of military spouses involves the vital interests of officers and soldiers, affecting the ideological stability of officers and soldiers and the building of military combat effectiveness. The party and the country have always attached great importance to it. In order to promote this project of benefiting soldiers and strengthen rigid constraints, this law makes four provisions: First, it is clear that the state protects the rights and interests of military spouses in employment and placement in accordance with the law. Government agencies, group organizations, enterprises and institutions, social organizations, and other organizations shall perform their duty of accepting military spouses for employment and placement in accordance with the law. This provision aims to clarify the main responsibilities of the state and the obligations of the resettlement units. Mainly in accordance with the current policies and regulations, the employment placement measures for military family members have specified that state agencies, people's organizations, and enterprises and institutions have the obligation to accept and arrange military family members. The second is to clarify the basic policy for the employment and placement of military spouses, that is, if the military spouse works in an agency or institution before joining the army, the people’s government of the place of placement shall arrange it to the corresponding work unit in accordance with relevant regulations; those who work in other units or do not have a work unit shall be resettled The local people’s government shall provide employment guidance and employment training, and give priority to assisting in employment; for martyrs, the survivors of servicemen who died on duty and the spouses of military personnel who meet the prescribed conditions, the local people’s government shall give priority to employment arrangements. These regulations are a summary and confirmation of the current policies and regulations. The employment placement measures for military family members include family members of the military who are on duty before the military, family members of the military who are on the staff of public institutions before the military, and the central and local governments before the military. The employment placement of military family members working in vertical management units has been clearly stipulated. The third is to clearly encourage employers to prioritize arrangements and the responsibilities of enterprises, that is, the state encourages employers in need of useful labor to prioritize the employment of military family members; state-owned enterprises should hire military family members in proportion to the employment needs when recruiting new employees; conditions permit When recruiting new employees, private enterprises in China may employ military family members in an appropriate proportion according to the employment needs. Such a provision can not only broaden the employment channels for military family members, but also advocate and mobilize social forces to give preferential treatment to military family members for employment. The main basis is also the method for the employment and placement of military family members, which clearly stipulates that the state encourages enterprises with useful work needs to place military family members for employment, and emphasizes that when new employees are recruited, they should hire military family members according to the appropriate ratio. The fourth is to clarify that the state encourages and supports military spouses to work independently and start their own businesses; military spouses who engage in self-employment shall provide support in accordance with relevant national preferential policies. This provision is to enrich and reiterate current policies and regulations, such as the notice on taxation policies related to the employment of military family members. It can be seen that, from the national legal level, the employment security of military spouses and martyrs, the survivors of military personnel who died on duty, and the deceased military personnelThe confirmation of basic policies is an important manifestation of the implementation of the relevant spirit of military policy and system reform, and is a major innovation in the system. It is believed that it can bring stable psychological expectations to the majority of officers and soldiers.

  China Youth Daily·China Youth Daily reporter Zheng Tianran Source: China Youth Daily