Military marriage: Marriage of a spouse serving as an active revolutionary soldier of the Chinese People s Liberation Army. China has a long history of special protection for military marriages. For details on the legal protection of military marriages, please read below.
The newly-promulgated Marriage Law in 2001 absorbed opinions from various quarters, and in principle retained the protection of military marriages. It followed a large tradition with Chinese characteristics in China s marriage legislation, but added to Article 26 of the original marriage law A Dianshu, except for those who have made serious mistakes on the part of the soldiers, although Danshu has only thirteen words, it is of great significance to the improvement of the special military civil protection system.
Article 33 of the revised Marriage Law contains two meanings: First, under normal circumstances, the non-military spouse of an active military person proposes a divorce, and the court s decision must be granted before the divorce can be granted. Second , in the case of a serious fault on the part of the soldier, the consent of the soldier is not required. After mediation is invalid, the court may decide to grant a divorce. The fault here refers to the subjective mental state where the soldiers foresee that their actions may have consequences that would damage the relationship between the couple and the couple. To a certain extent, faults are divided into general faults and major faults. As for what constitutes a major fault, it should be in According to Article 23 of the Supreme People s Court s Interpretation of Certain Issues on the Application of the Marriage Law (I) (hereinafter referred to as Interpretation (I)), … Judgment can be made according to the first thr ee provisions of Article 32, paragraph 3 of the Marriage Law and other serious faults of military personnel that cause the spouse s relationship to break down. That is: (1) bigamy or a spouse living with others; (2) implementing a family Violence or abuse, abandonment of family members; (3) Those who have repeatedly taught bad habits such as gambling and drug use.
Cohabitation, in accordance with Article 2 of the Interpretation (I): … means a person who has a spouse and an extramarital heterosexual person and does not live together in a continuous and stable manner in the name of a spouse. Therefore, we must pay attention to cohabitation and Bigamy and occasional extramarital sex are different.
Domestic violence and ill-treatment, according to Article 1 of the Interpretation (I): … means that the perpetrator has beaten, tied, mutilated, forcibly restricted personal freedom or other means to his family Behaviors that cause certain harm to members physical and mental aspects. Continuous and frequent domestic violence constitutes abuse. Therefore, the occasional quarrels and quarrels in daily life cannot be understood as domestic violence.
Abandoning family members refers to the behavior of refusing to support the elderly, young, sick or other people who have no independent living ability. The word wait in the third item also includes other vices equivalent to gambling and drug use.
In addition, for the military personnel s other serious faults that lead to the breakdown of the relationship between the husband and wife, two points should be grasped: the military personnel have other major faults other than the first three provisions of Article 32, paragraph 3 of the Marriage Law, and their faults are comparable to the three stipulated situations. These other major faults must lead to a breakdown of the relationship between the couple.
If a military person has a serious fault, the non-military spouse will bear the following legal consequences after the divorce is filed: first, the court will grant a divorce without the consent of the military when the court mediation is invalid; the second is to bear the divorce according to Article 46 of the revised Marriage Law Liability for fault damages. Third, when a serious fault on the part of the soldier exceeds the scope of civil liability and violates criminal law, he shall bear criminal liability in accordance with Article 45 of the Marriage Law and the relevant provisions of the Criminal Law.
The most important significance of Article 33 is that this provision communicates the relationship with the fault-based divorce grounds and the divorce fault compensation system, and completes the special civil protection system for military marriages. If Article 26 of the original Marriage Law is not modified, it will inevitably be separated from the faulty grounds for divorce in Article 32 (3) of the revised Marriage Law and the divorce fault compensation system in Article 46. Because, for the purpose of Article 26 of the original Marriage Law, the fulfillment of a divorce by a military spouse does not depend on whether the military side has a fault under Article 32 (3) of the revised Marriage Law, but on whether the military side agreed or not. In the case of a serious fault by the military side, if the military side does not agree with the divorce, there will be no consequences of divorce, and no military spouse will file a claim for compensation for divorce faults in accordanc e with Article 46 of the revised Marriage Law. It can be seen that the increase in the but book is like building two bridges, one leading to Article 32, paragraph 3, to resolve the divorce issue; the other leading to Article 46 , to resolve the issue of divorce fault compensation.
In the end, the military side did not have a serious fault. The spouse resolutely requested a divorce. The military man strongly disagreed with the divorce, and the relationship between the couple did break. Can the court decide to grant the divorce? According to Article 33 of the Marriage Law, this situation cannot be decided. Divorced. It can be handled according to Article 9 of the Supreme People s Opinion on Several Issues Concerning the Implementation of Civil Policies and Laws, that is: When the soldiers do not agree with the divorce, the plaintiff should be educated to cherish the marital relationship with the soldiers and try to mediate or make a decision not to allow divorce. The relationship between the husband and wife has broken down, and after doing good work, it is invalid, and if it is really impossible to maintain the husband and wife relationship, the ideological work of the soldier should be done through the political organization above the army and the regiment, and divorce shall be permitted.
The protection of military marriage does indeed limit the rights of the non-military side, which, while maintaining the balance of the rights of the military, has also led to an imbalance in the rights of the non-military side. Therefore, the marriage law s protection of military marriages can only be regarded as a temporary act. The fundamental solution to the problem of military marriage also depends on improving the economic and social status of military personnel.
From the introduction above, we know that the legal protection of military marriage in our country s laws is still very comprehensive, especially in the field of military marriage and divorce, the interests of active servicemen are more protected. At the same time, soldiers are different from ordinary divorces in divorce, so please pay more attention to this.