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2015年度二胎政策的放开以及婚姻法关于婚前财产的新规定引发社会的热烈讨论,军婚作为一种较为特殊的婚姻关系也因政策的调整引发了新一轮关注。关于军婚,我国已经形成了以民事、行政、刑事为手段的多层次法律体系来实施保护军婚,为军婚保护提供了明确的法律依据和立法导向。但革命战争年代确立下来的军婚保护特殊条款在现代不同程度的暴露出其存在的违背宪法基本精神、法理依据与自由与平等原则不相符、其实现条件与军队、社会发展脱节的问题,本文从完善立法的角度,提出了将“宣传军婚保护”纳入法律、结合平、战实际调整军婚保护特殊条款、进一步完善军人家庭社会保障法律依据、实行军官职业化制度,提高军官薪酬待遇这四个方面,阐述如何在新的社会条件下更好的实现军婚保护。
The liberalization of the second child policy in 2015 and the new provisions of the Marriage Law on pre-marital property have triggered heated discussions in the community. As a special kind of marriage, military marriage has also triggered a new round of concerns as a result of policy adjustments. With regard to military marriages, our country has formed a multi-layered legal system that takes civil, administrative and criminal measures as a means to protect the military marriages and provides a clear legal basis and legislation direction for the protection of marriages. However, the special articles of military marriage protection established in the revolutionary war era violated the basic spirit of the Constitution in various degrees in modern times. The basis of jurisprudence did not accord with the principle of freedom and equality, and the problem of separation of the conditions from the military and social development. Improve the legislation point of view, put forward the “propaganda of military marriage protection” into the law, combined with the actual conditions of peace and war readjustment of the special terms of military marriage protection to further improve the legal basis for the military family social security, the implementation of military officer occupation system, improve the salary of military officers these four On the one hand, it elaborates on how to better achieve the military marriage protection under the new social conditions.