On June 10, the 29th meeting of the Standing Committee of the 13th National People’s Congress voted and passed the Law of the People’s Republic of China on the Protection of Military Status and Rights and Interests. President Xi Jinping signed Presidential Decree No. 86 and announced it. It will be implemented on the 1st.
Law of the People's Republic of China on the Protection of Military Status and Rights and Interests
(Adopted at the 29th meeting of the Standing Committee of the 13th National People's Congress on June 10, 2021)
content
Chapter One General Provisions
Chapter II Military Status
Chapter III Honor Maintenance
Chapter IV Benefit Guarantee
Chapter 5 Compensation and Preferential Treatment
Chapter VI Legal Liability
Chapter 7 Supplementary Provisions
Chapter One General Provisions
Article 1 In order to protect the status and legitimate rights and interests of military personnel, encourage military personnel to perform their duties and missions, make military personnel a profession respected by the whole society, and promote the modernization of national defense and the military, this law is formulated in accordance with the Constitution.
Article 2 The term “soldiers” mentioned in this law refers to officers, sergeants, conscripts and other personnel serving in the Chinese People’s Liberation Army.
Article 3 Soldiers shoulder the sacred duty and noble mission of defending national sovereignty, security, development interests, and defending the people's peaceful labor.
Article 4 Soldiers are a profession respected by the whole society.
The state and society respect and give preferential treatment to military personnel, guarantee that military personnel enjoy status and rights commensurate with their professional characteristics, responsibilities, missions, and contributions, and often carry out various forms of support for military personnel.
All state organs and armed forces, political parties and mass organizations, enterprises and institutions, social organizations and other organizations have the responsibility to protect the status and rights of military personnel in accordance with the law. All citizens should protect the legitimate rights and interests of military personnel in accordance with the law.
Article 5: The protection of military status and rights and interests should adhere to the leadership of the Communist Party of China, with the fundamental goal of serving the military’s combat effectiveness, following the unification of rights and obligations, the combination of material security and spiritual incentives, and the level of security that is compatible with the development of the national economy and society. the rules.
Article 6: The political work department of the Central Military Commission, the competent department in charge of retired servicemen of the State Council, 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.
The local people's governments at and above the county level are responsible for the protection of the status and rights and interests of military personnel within their respective administrative regions.
The political work department of a unit at or above the regiment level is responsible for the protection of its military status and rights and interests.
Provincial military regions (garrison regions, garrison regions), military sub-regions (garrison regions), and the people's armed forces departments of counties, autonomous counties, cities, and municipal districts are responsible for the coordination of the status of soldiers and the protection of rights and interests between the people's government and military units in the administrative region. Work, and establish a work coordination mechanism as needed.
Township people's governments, sub-district offices, and grassroots mass autonomous organizations shall, in accordance with their duties, do a good job in safeguarding the status of soldiers and their rights and interests.
Article 7 The funds required for the protection of military status and rights and interests shall be included in the budget by the central and local governments in accordance with the principle of matching their powers and expenditure responsibilities.
Article 8. 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 shall regard the status of soldiers and the protection of their rights and interests as the evaluation of the work of supporting the military, supporting the government and loving the people, and assessing the responsible persons and staff of relevant units. The important content of the evaluation.
Article 9 The state encourages and guides groups, enterprises, institutions, social organizations, individuals and other social forces to provide support for the protection of the rights and interests of military personnel through donations and voluntary services in accordance with the law. Those who meet the prescribed conditions can enjoy tax incentives and other policies in accordance with the law.
Article 10 Every year, August 1 is the founding day of the Chinese People’s Liberation Army.
People's governments and military units at all levels shall organize celebrations and commemorative activities on the founding of the army.
Article 11 Units and individuals that have made outstanding contributions to the protection of military status and rights and interests shall be commended and rewarded in accordance with relevant state regulations.
Chapter II Military Status
Article 12 Soldiers are basic members of the national armed forces under the leadership of the Communist Party of China. They must be loyal to the motherland, loyal to the Communist Party of China, obey the party's command, resolutely obey orders, and earnestly perform the important mission of consolidating the leadership of the Communist Party of China and the socialist system.
Article 13: Soldiers are the people's children and should love the people, serve the people wholeheartedly, protect the safety of people's lives and property, and stand up and actively help when encountering serious threats to the people's lives and property.
Article 14: Soldiers are a strong force to defend national sovereignty, unity, and territorial integrity. They should have the fighting spirit and ability qualities required to consolidate national defense, resist aggression, and defend the motherland. They should always maintain a state of alert in accordance with actual combat requirements and practice their skills in killing the enemy. , Not afraid of sacrifices, able to win battles, and resolutely complete tasks.
Article 15 Soldiers are an important force in the modernization of socialism with Chinese characteristics. They should actively participate in the cause of building a modern socialist country in an all-round way, and participate in emergency rescue and handling of emergencies in accordance with the law.
Article 16 Soldiers enjoy the political rights stipulated by the Constitution and laws, participate in the election of members of state power organs in accordance with the law, and participate in the management of state affairs, the management of economic and cultural undertakings, and the management of social affairs in accordance with the law.
Article 17 The military practices the uniformity of officers and soldiers, and all soldiers are equal in politics and personality, and should respect each other and treat them equally.
The military has established and improved democratic systems such as military representatives’ conferences and military committees to ensure military personnel’s right to know, participate, make suggestions, and supervise.
Article 18 Soldiers must abide by the Constitution and the law in an exemplary manner, earnestly fulfill the civic obligations stipulated in the Constitution and the law, strictly abide by military regulations and military discipline, have a good work style, and take the lead in practicing the core socialist values.
Article 19 The state provides guarantees for military personnel to perform their duties, and the behavior of military personnel to perform their duties in accordance with the law is protected by law.
Military personnel who cause damage to the lawful rights and interests of citizens, legal persons, or other organizations due to the performance of their tasks shall be compensated or compensated by the state in accordance with relevant regulations.
Citizens, legal persons and other organizations shall provide necessary support and assistance for military personnel to perform their duties in accordance with the law.
Article 20: The specific rights and special obligations that military personnel enjoy in performing their duties shall be stipulated by this law and relevant laws and regulations.
Chapter III Honor Maintenance
Article 21 Military honour is the praise and encouragement of the state and society for their dedication to national defense, army building, and socialist modernization, and it is the spiritual force that inspires the morale of the army and enhances the combat effectiveness of the army.
The state safeguards the honor of military personnel and encourages military personnel to uphold and cherish honor.
Article 22. The army strengthens education in patriotism, collectivism, and revolutionary heroism, strengthens the sense of honor of soldiers, and cultivates revolutionary soldiers with soul, ability, blood, and morals in the new era, and forges them with iron beliefs and iron generals. A strong force with faith, iron discipline, and iron responsibility.
Article 23: The state adopts various forms of publicity, education, rewards and incentives, and safeguard measures to cultivate the professional sense of mission, pride, and honor of military personnel, and inspire their enthusiasm, initiative, and creativity to make contributions and serve the country.
Article 24 The whole society should learn from the glorious history of the Chinese People's Liberation Army, publicize the merits and sacrifices of soldiers, and create a good atmosphere for safeguarding the honor of soldiers.
National defense education curricula set up by schools of all levels and types should include the glorious history of the Chinese People's Liberation Army and the heroic and exemplary deeds of soldiers.
Article 25. The state establishes a sound system of military honors, through the awarding of medals, honorary titles and merits, awards, commendations, and commemorative medals, etc., to honor and commend soldiers who have made outstanding achievements and contributions, and praise the soldiers for the country and the people. The dedication and sacrifice made.
Article 26 Military personnel may accept honors awarded by local people's governments, group organizations, social organizations, etc., as well as honors awarded by international organizations, other countries, and the military with the approval of military units.
Article 27: Military personnel who have been honored for meritorious service shall enjoy corresponding courtesy and treatment.
Soldiers who perform combat missions and are commended for meritorious service shall enjoy courtesy and treatment in accordance with the principle of higher than usual.
The names and achievements of soldiers who have received honorary commendations for meritorious service and performed combat missions shall be recorded in the merit books, honor books, local chronicles and other historical records in accordance with regulations.
Article 28. Relevant central and state agencies, local and military agencies at all levels, as well as media such as radio, television, newspapers and periodicals, and the Internet, shall actively publicize the advanced models and heroic deeds of military personnel.
Article 29 The state and society respect and remember soldiers who sacrificed for the country, the people, and the nation, and respect and treat their survivors with courtesy.
The state establishes memorial facilities for heroes and martyrs for the public to pay homage to, mourn the memory of heroes and martyrs, and carry out commemoration and education activities.
The state promotes the construction of a military cemetery.
After the death of a soldier, those who meet the prescribed conditions can be buried in a military cemetery.
Article 30 The state establishes a courtesy ceremony system for military personnel.
Corresponding ceremonies should be held when citizens are enlisted in the army and soldiers retire from active service; mourning ceremonies should be held on occasions such as the burial of martyrs and servicemen who died on duty.
People’s governments at all levels should organize visits to and condolences to military units, military families and martyrs on major festivals and memorial days, and to sacrifice military personnel on duty and the survivors of deceased military personnel, and invite military personnel, military family members and martyrs when holding important celebrations and commemorations. , Representatives of the survivors of soldiers who died on duty or died of illness attended the event.
Article 31 The local people's government shall hang a plaque of honor for the families of soldiers and martyrs, soldiers who died on duty, or the survivors of soldiers who died of illness.
Soldiers are commended for meritorious service, and relevant departments of the local people's government and military agencies send happy news to their families and organize publicity work.
Article 32 The honor and reputation of soldiers shall be protected by law.
The honor obtained by a soldier shall be enjoyed by him for life, and shall not be revoked except for statutory reasons or through statutory procedures.
No organization or individual may in any way slander or demean the honor of soldiers, insult or slander the honor of soldiers, and must not intentionally damage or defile the honor marks of soldiers.
Chapter IV Benefit Guarantee
Article 33 The state establishes a system for guaranteeing the treatment of military personnel to ensure that military personnel perform their duties and missions, and to guarantee the standard of living of military personnel and their families.
For military personnel who perform combat missions and major non-war military missions, as well as those who work in difficult and remote areas and special positions, the treatment is guaranteed.
Article 34 The state establishes a relatively independent, distinctive, and comparatively superior salary and treatment system for military personnel.
A salary system is implemented for officers and sergeants, and a supply system is implemented for conscripts.
Military personnel enjoy preferential individual income tax policies.
The state establishes a mechanism for the normal increase of military salaries.
The structure, standards and adjustment methods of the salaries and benefits of military personnel shall be formulated by the Central Military Commission.
Article 35 The state adopts a combination of military support, government support and market allocation, and a combination of physical support and monetary subsidies to guarantee the housing benefits of military personnel.
Soldiers who meet the prescribed conditions can enjoy military apartment housing or resettlement housing security.
The state has established and improved the military housing provident fund system and housing subsidy system.
The state provides preferential policy support to military personnel who meet the prescribed conditions to purchase housing.
Article 36: The state guarantees that military personnel enjoy free medical treatment, disease prevention, recuperation, and rehabilitation in accordance with regulations.
The medical expenses required by military personnel in local medical institutions shall be guaranteed by the military if they meet the prescribed conditions.
Article 37 The state implements a military insurance system that reflects the professional characteristics of military personnel and is linked to the social insurance system, supplements military insurance items in a timely manner, and guarantees the insurance benefits of military personnel.
The state encourages and supports commercial insurance institutions to provide exclusive insurance products for military personnel and their family members.
Article 38 Military personnel shall have the right to rest and leave such as annual leave and family visit leave.
Economic compensation shall be given to those who have not taken leave or have not taken full leave due to work needs.
Military spouses, children and soldiers living in separate places may visit relatives in the military's unit.
When a military spouse visits relatives in the army, his unit shall arrange vacations and guarantee corresponding remunerations in accordance with regulations, and shall not dismiss, dismiss or terminate the labor relationship because of the enjoyment of the visiting vacation.
The travel expenses for visiting relatives of military spouses, minor children and adult children who cannot live independently shall be guaranteed by the military's unit.
Article 39: The state establishes a sound military education and training system, guarantees military personnel’s right to education, organizes and supports military personnel to participate in professional and cultural studies and training, and enhances military personnel’s ability to perform their duties and employment and entrepreneurship after retirement.
Article 40 The lawful rights and interests of female soldiers are protected by law.
The military should reasonably arrange the tasks, rest and vacation of female soldiers in accordance with the characteristics of female soldiers, and provide them with special protection in terms of fertility and health.
Article 41 The state grants special protection to the marriage of military personnel and prohibits any acts that damage the marriage of military personnel.
Article 42: Military officers and sergeants who meet the prescribed conditions, their spouses, minor children, and adult children who cannot live independently may settle down with the army; parents of military personnel who meet the prescribed conditions may settle down with their children in accordance with the regulations.
If both husband and wife are soldiers, their children can choose one of their parents to settle down with the army.
If the location where a soldier is serving on active service changes, family members who have been with the military can settle down with the relocation, or choose to relocate to the original household registration location of the soldier or military spouse or the household registration location of the military's parents or the military spouse's parents.
The relevant departments of the local people's government and the relevant units of the military shall promptly and efficiently handle the relevant procedures for the families of military personnel to settle down with the military.
Article 43 The state guarantees the household registration management and related rights and interests of soldiers and their families.
Citizens retain their household registration when enlisting in the army.
Military personnel who meet the prescribed conditions can enjoy the relevant rights and interests of the registered population in the area where they are serving in active service in education, pension, medical care, and housing security.
The measures for the management of military residence registration and the protection of related rights and interests shall be formulated by the State Council and the Central Military Commission.
Article 44 The state shall, in accordance with the relevant provisions of the laws and regulations on the protection of veterans, provide proper placement and corresponding preferential treatment guarantees for soldiers who have retired from active service in accordance with the law.
Chapter 5 Compensation and Preferential Treatment
Article 45: The state and society respect the contributions and sacrifices made by military personnel and military families for national defense and military construction, give preferential treatment to military personnel and military family members, give preferential treatment to the survivors of martyrs, soldiers who sacrificed on duty, and soldiers who died of illness, and protect the lives of disabled soldiers. .
The state establishes a pension and preferential treatment guarantee system, reasonably determines the standard of pension and preferential treatment, and gradually raises the level of pension and preferential treatment.
Article 46: Families of military personnel enjoy preferential treatment provided by laws and regulations with certificates issued by relevant departments.
The specific measures shall be formulated by the relevant departments of the State Council and the Central Military Commission.
Article 47 The people's governments at all levels shall ensure that the recipients of the pension and preferential treatment enjoy the inclusive treatment of citizens, and at the same time enjoy the corresponding preferential treatment of the pension.
Article 48 The state implements a death compensation system for soldiers.
If a soldier is assessed as a martyr after his death, the state shall issue a martyr certificate to the survivor of the martyr to ensure that the survivor of the martyr enjoys the stipulated martyrs' commendation, pension and other benefits.
In the event that a soldier died on duty or died of illness, the state shall issue a certificate to his survivor to ensure that his survivor enjoys the prescribed pension and other benefits.
Article 49 The state implements a military disability pension system.
Soldiers who are disabled due to war, work, or illness shall be graded and issued with certificates in accordance with relevant state regulations, and enjoy disability pensions and other benefits. Those who meet the prescribed conditions shall be properly placed in the form of work, support, and retirement.
Article 50 The state grants preferential housing to the family members of military personnel and martyrs, the survivors of military personnel who have died on duty, and those who have died of illness.
The families of soldiers and martyrs, the survivors of servicemen who died on duty, or the survivors of deceased soldiers who meet the prescribed conditions apply for affordable housing, or live in rural areas and have housing difficulties, the local people's government shall give priority to the settlement.
Where the survivors of martyrs, soldiers who died on duty, and soldiers who died of illness meet the conditions specified in the preceding paragraph, the local people's government will give preferential treatment.
Article 51 Public medical institutions shall provide preferential services for military personnel to seek medical treatment.
Families of military personnel and martyrs, survivors of military personnel who died on duty, or deceased soldiers enjoy preferential medical treatment in military medical institutions and public medical institutions.
The state encourages private medical institutions to provide preferential treatment for soldiers, their families and martyrs, and the survivors of soldiers who have died on duty or who have died.
The state and society provide special guarantees for the medical treatment of disabled soldiers in accordance with the law.
Article 52 The state guarantees the employment and placement rights of military spouses in accordance with the law.
Government agencies, group organizations, enterprises and institutions, social organizations, and other organizations shall perform their obligation to accept the employment and placement of military spouses in accordance with the law.
Military spouses who work in government agencies or institutions before joining the army shall be arranged by the people’s government of the place of resettlement to the corresponding work unit in accordance with relevant regulations; if they work in other units or have no work unit, the people’s government of the place of resettlement shall provide employment guidance and employment training, priority Assist in employment.
For martyrs, survivors of servicemen who died on duty, and spouses of soldiers who meet the prescribed conditions, the local people's government shall give priority to employment.
Article 53: The state encourages employers who need useful work to give priority to the employment of military family members.
When recruiting new employees, state-owned enterprises shall employ military family members in an appropriate proportion according to the employment needs; private enterprises with conditions may employ military family members in an appropriate proportion when recruiting new employees.
Article 54: The state encourages and supports military spouses to find independent employment and start their own businesses.
Military spouses engaged in self-employed businesses shall be supported in accordance with relevant national preferential policies.
Article 55 The State shall give preferential treatment to the children of military personnel in education.
Local people's governments at all levels and their relevant departments should provide local high-quality educational resources for children of military personnel and create conditions for receiving good education.
军人子女入读公办义务教育阶段学校和普惠性幼儿园，可以在本人、父母、祖父母、外祖父母或者其他法定监护人户籍所在地，或者父母居住地、部队驻地入学，享受当地军人子女教育优待政策。
军人子女报考普通高中、中等职业学校，同等条件下优先录取；烈士、因公牺牲军人的子女和符合规定条件的军人子女，按照当地军人子女教育优待政策享受录取等方面的优待。
因公牺牲军人的子女和符合规定条件的军人子女报考高等学校，按照国家有关规定优先录取；烈士子女享受加分等优待。
烈士子女和符合规定条件的军人子女按照规定享受奖学金、助学金和有关费用免除等学生资助政策。
国家鼓励和扶持具备条件的民办学校，为军人子女和烈士、因公牺牲军人的子女提供教育优待。
第五十六条 军人家属和烈士、因公牺牲军人、病故军人的遗属，符合规定条件申请在国家兴办的光荣院、优抚医院集中供养、住院治疗、短期疗养的，享受优先、优惠待遇；申请到公办养老机构养老的，同等条件下优先安排。
第五十七条 军人、军人家属和烈士、因公牺牲军人、病故军人的遗属，享受参观游览公园、博物馆、纪念馆、展览馆、名胜古迹以及文化和旅游等方面的优先、优惠服务。
军人免费乘坐市内公共汽车、电车、轮渡和轨道交通工具。军人和烈士、因公牺牲军人、病故军人的遗属，以及与其随同出行的家属，乘坐境内运行的火车、轮船、长途公共汽车以及民航班机享受优先购票、优先乘车(船、机)等服务，残疾军人享受票价优惠。
第五十八条 地方人民政府和军队单位对因自然灾害、意外事故、重大疾病等原因，基本生活出现严重困难的军人家庭，应当给予救助和慰问。
第五十九条 地方人民政府和军队单位对在未成年子女入学入托、老年人养老等方面遇到困难的军人家庭，应当给予必要的帮扶。
国家鼓励和支持企业事业单位、社会组织和其他组织以及个人为困难军人家庭提供援助服务。
第六十条 军人、军人家属和烈士、因公牺牲军人、病故军人遗属的合法权益受到侵害的，有权向有关国家机关和军队单位提出申诉、控告。负责受理的国家机关和军队单位，应当依法及时处理，不得推诿、拖延。依法向人民法院提起诉讼的，人民法院应当优先立案、审理和执行，人民检察院可以支持起诉。
第六十一条 军人、军人家属和烈士、因公牺牲军人、病故军人的遗属维护合法权益遇到困难的，法律援助机构应当依法优先提供法律援助，司法机关应当依法优先提供司法救助。
第六十二条 侵害军人荣誉、名誉和其他相关合法权益，严重影响军人有效履行职责使命，致使社会公共利益受到损害的，人民检察院可以根据民事诉讼法、行政诉讼法的相关规定提起公益诉讼。
第六章 法律责任
第六十三条 国家机关及其工作人员、军队单位及其工作人员违反本法规定，在军人地位和权益保障工作中滥用职权、玩忽职守、徇私舞弊的，由其所在单位、主管部门或者上级机关责令改正；对负有责任的领导人员和直接责任人员，依法给予处分。
第六十四条 群团组织、企业事业单位、社会组织和其他组织违反本法规定，不履行优待义务的，由有关部门责令改正；对直接负责的主管人员和其他直接责任人员，依法给予处分。
第六十五条 违反本法规定，通过大众传播媒介或者其他方式，诋毁、贬损军人荣誉，侮辱、诽谤军人名誉，或者故意毁损、玷污军人的荣誉标识的，由公安、文化和旅游、新闻出版、电影、广播电视、网信或者其他有关主管部门依据各自的职权责令改正，并依法予以处理；造成精神损害的，受害人有权请求精神损害赔偿。
第六十六条 冒领或者以欺诈、伪造证明材料等手段骗取本法规定的相关荣誉、待遇或者抚恤优待的，由有关部门予以取消，依法给予没收违法所得等行政处罚。
第六十七条 违反本法规定，侵害军人的合法权益，造成财产损失或者其他损害的，依法承担民事责任。
违反本法规定，构成违反治安管理行为的，依法给予治安管理处罚；构成犯罪的，依法追究刑事责任。
第七章 附则
第六十八条 本法所称军人家属，是指军人的配偶、父母(扶养人)、未成年子女、不能独立生活的成年子女。
本法所称烈士、因公牺牲军人、病故军人的遗属，是指烈士、因公牺牲军人、病故军人的配偶、父母(扶养人)、子女，以及由其承担抚养义务的兄弟姐妹。
第六十九条 中国人民武装警察部队服现役的警官、警士和义务兵等人员，适用本法。
第七十条 省、自治区、直辖市可以结合本地实际情况，根据本法制定保障军人地位和权益的具体办法。
第七十一条 本法自2021年8月1日起施行。
作者：李煊 张硕