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Research on Legal System of Ex-soldiers Placement
Author: YeQin
Tutor: CuiZhuoLan
School: Jilin University
Course: Legal
Keywords: Ex-soldiers Placement Legal System Proposals
CLC: E263
Type: Master's thesis
Year: 2012
Downloads: 165
Quote: 0
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Abstract
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"Iron-hard barracks soldiers", Large numbers of soldiers waiting for retired fromthe army each Autumn, the work of Ex-Soldiers Placement all over the word. Theplacement of retired soldiers is very important, it concerned to steady of the countryand society, it also concerned to the development of economic and army building.Our army built in1921, at the same time, we started to work on the placement ofretired soldiers, from National-building to the late1980s, we strike up a Legal Systemabout Ex-Soldiers Placement according to planned and managed economics. At thatnational condition, it made hundreds of thousands of soldiers retired from the army,and offered a smart of talents to build new China. It was not until the early1990s,with the deep reform and open-door policy carried out, our Political and economicstructural reformed, the reformation of government, detached government and theexpansion state-owned right of establishments, all these made the absorptive ability ofgovernments, state-owned units, establishments fell off, the won’t take in mall retiredsoldiers as before, more and more contradictions happened between governments andEx-soldiers. Since the1990s, we begun to made some changes on Ex-soldiersplacement system, but all these changes can not keep the same steps of Political andeconomic structural reform. We still facing many problems and difficulties, legalsystem of ex-soldiers expected to reform and complete.Ex-soldiers placement ought to protected by law, we must build up impeccableEx-soldiers placement legal system before practice. but the establishment of legalsystem needs strong theory to support, I think our government setting retired soldiershas the natural of administrative compensation, so I want to use administrativecompensation theory to support structure of Ex-soldiers placement legal system.Administrative compensation is a relive system when administrative activities hurtlegal rights of Opposite person for Administration, in this essay, it meanscompensation for retired soldiers’ particular sacrifice in the army. I hope to benefit from three doctrines of administrative compensation to support Ex-soldiers placement,three doctrines assumes special sacrifice doctrine, public responsibility doctrine andthe rights protection doctrine. For the support of theory, it can make the foundation tobuild legal system of Ex-soldiers placement.We have made some related laws and regulations to place retired soldiers in ourprevailing legal system. I will use data analysis to read articles regarding how to placeretired soldiers, and proclaim some problems exacting in our legal system currently ineffect. Meanwhile, I will make some comparative study on Ex-soldiers placementlegal system about America, England and Germany,mainly analyses the threecountries’ legalization of Ex-soldiers placement from setting, retired gold,job trainingand right relief.All the three countries use market to place retired soldiers,governments will not arrange job for them, but the governments will use all kinds ofmeasures to help retired soldiers to find a job in the market, such as America, itestablishes a special agency to arrange affairs only for retired soldiers. Completeretired gold system and job training system form parts of the legal system of thesecountries, promote the work of placement. I will start from condition of our country,learn from the experience and offer proposals to complete our legal system onEx-soldiers placement. I mainly offer proposals from four aspects. First, useMonetary Compensation other than offering a job in our legislation, in order to adaptmarket economy. Secondly, build up a united, reasonable and normative retired goldsystem, and improve our standard of retired gold. It is not only a compensation for theretired soldiers, but also a living ensure after the retired from army. Once more, buildup a complete legal system of job training, to help retired soldiers re-employment.After they retired from the army, soldiers have to change their identity from a soldierto a normal person, so job training before they re-employed is very important, ourgovernment should take Ex-soldiers’ job training seriously. Last, add Right reliefmeasures to our legal system of Ex-soldiers placement, Ex-soldiers may put forward aadministrative review or law suit when issues of placement happen, it may protectEx-soldiers’ rights more completely.
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