How the law provides for military personnel’s rights in marriage and family

What are the general rights and interests of soldiers in marriage and family? Article 49 of the Constitution of the People s Republic of China stipulates: Marriage, family, mothers and children are protected by the state. These regulations are the basis for the state to formulate laws and regulations on marriage and family, as well as the legal norms and ethics that citizens, including soldiers, should observe in family life. According to the Constitution and the Marriage Law of the People s Republic of China and other laws and regulations, military personnel enjoy certain special rights and interests in marriage and family.

For example, Article 33 of the Marriage Law stipulates that: A spouse of an active-duty military person requires the consent of the military person, except when there is a serious fault on the part of the military person. Cohabitation , Using power and affiliation, and using prostitution to rape the wife of an active serviceman and other acts will be punished more severely. In addition, soldiers also enjoy general rights and benefits enjoyed by other citizens in marriage and family. In the process of love and marriage, according to the principle of freedom of marriage, soldiers have the right to free love and voluntary marriage. Their love and marriage do not allow others to be forced or interfered, and they are not allowed to claim military property by marriage. In family relations, soldiers, as husbands and wives, are equal in the family and enjoy the same rights as their spouses in terms of personal and property. For example, you have the right to use your own name; you have th e freedom to participate in production, work, study, and social activities; you have the right to inherit the estate of a family member; you have the right to adopt a child; The right to support or support; when faced with domestic violence or abuse, soldiers have the right to ask relevant organizations and public security agencies to discourage, stop, etc. At the time of divorce, soldiers have the right to file a divorce request voluntarily; they have the right to organize divorce mediation and file a divorce lawsuit with the people s court; they have the right to require agreement with their spouses to deal with common property; because they raise children, care for the elderly, and assist spouses in their work The soldiers who have paid more obligations have the right to request compensation from the spouse; if the divorce is caused by the fault of the spouse, the soldier has the right to claim damages.

After the divorce, soldiers who do not directly raise children have the right to visit the children; if the original spouse refuses to enforce the judgment or ruling on maintenance, maintenance, alimony, property division, inheritance, visit to children, etc., the soldier has to ask the people s court The right to enforce according to law; when a soldier and his original spouse voluntarily remarry, both parties have the right to remarry.

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