It refers to having active serviceMilitary status, soldiers in active service.Active service is a kind of military service.Refers to officers in active service who have served in the Chinese People's Liberation Army and the Chinese People's Armed Police Force, have active military status, and have not been discharged, transferred or demobilizedCivilian cadreNon commissioned officers and conscripts at all levels.According to《Law of the People's Republic of China on Military Service》Article 18 stipulates that soldiers in active service include soldiers of compulsory military service and soldiers of voluntary military service. Soldiers of compulsory military service are called conscripts, and soldiers of voluntary military service are called conscriptsNon commissioned officer。The cadets in military academies (not all military academies) also have military status and are active servicemen (according to the treatment of conscripts). The time spent in school is counted as military seniority.[1]
Article 1 In order to encourage servicemen's dedication to defend and build the motherland, strengthen national defense and military building, improve and perfect our system of pension and preferential treatment for servicemen in active service, and ensure the pension and preferential treatment of servicemen by the State《compensation and special treatment byelaw for armyman》The Measures are formulated.
Article 2 State organs, social organizations, enterprises and institutions in this county shall perform their respective responsibilities and obligations in accordance with the provisions of national laws, regulations and these Measures.The whole society should care for and respect the objects of pension and preferential treatment, and carry out various forms ofSupport the army and give preferential treatment to familiesActivities.
Article 3 CountyMinistry of Civil AffairsThe department shall be in charge of the pension and harassment work of soldiers in its own administrative region, and be responsible for guiding, inspecting and supervising the implementation of these Measures in its own administrative region.
Article 4 The pension and preferential treatment subsidies for servicemen shall be arranged by the central and local finance,EarmarkedAnd accept the supervision of the financial and audit departments.
Article 5 The bereaved families of martyrs and soldiers who died on dutyDeceased soldierSurvivors, disabled soldiersDemobilized soldiers in the countrysideThe sick veterans returning to their hometown are the key preferential treatment objects, and the Nanchang County Civil Affairs Department will issue the Nanchang County Key Preferential Treatment Object Certificate.
Article 6 The county government will commend and reward the units and individuals that have made remarkable achievements in the work of pension and preferential treatment for servicemen.
Chapter II Death Pension
the Chinese People's Liberation Army
Article 7 When an active serviceman dies, according to the nature of his death and the monthly wage standard at the time of his death, the civil affairs department shall issue a one-time pension to his survivors. The specific standard is: 80 monthly wages for martyrs;Sacrifice on business, 40 months' salary;Death, 20 months' salary.If the monthly salary or allowance is lower than that of the platoon leader, the survivors shall be given a one-time pension according to the salary standard of the platoon leader (the second grade of post salary).
Martyrs who have won honorary titles or rendered meritorious service, soldiers who have sacrificed on dutyDeceased soldierOn the basis of the one-time pension that the survivors should enjoy, the civil affairs department shall《compensation and special treatment byelaw for armyman》It is required to issue additional one-time pension, which shall be verified and written off by the financial department according to the facts.
The one-time pension payment standard is as follows:
（1） 35% more will be issued to those who have been awarded honorary titles by the Central Military Commission;
（2） Get the armymilitary region30% more will be issued to those awarded honorary titles;
（4） For those who have made second class merit, 15% more will be issued;
（5） Those who have earned third class merit will be issued 5% more.
For martyrs who have won honorary titles or rendered meritorious service for many times, servicemen who have sacrificed on duty, and servicemen who have died of illness, their survivors shall be given a one-time pension by the civil affairs department in accordance with the proportion of the highest level award.
Article 8 The order of one-time pension payment:
（1） Parents (dependents), spouses and children;
（2） If there are no parents (dependents), spouses or children, they will be distributed to siblings under the age of 18 and siblings over the age of 18 who have no source of living expenses and were supported by the soldier before his death;
（3） If there is no such relative, it will not be distributed.
The amount of one-time pension received by relatives in the same order shall be equal.After negotiation, it can also be unequal.When distributing one-off pensions to relatives who lack the ability to work and have special difficulties in living, relatives who have the main obligation to support the dead soldiers or who live together with the dead soldiers for a long time, they shall be taken care of.If a serviceman has a will before his death, he shall pay a lump sum pension in the order specified in the will.
Article 9 The civil affairs department shallfamily dependants of the martyrThe specific measures for issuing additional one-off relief funds shall be formulated by the civil affairs department in conjunction with the financial department.
Article 10 The survivors of martyrs and servicemen who meet one of the following conditionsDeceased soldierThe survivors, after being reported to the Municipal Council for examination and verification, will be given regular special pensions by the county civil affairs department:
（1） Parents (dependents), spousesInability to work. There is no source of living expenses, or the income level is lower than the average living standard of local residents;
（2） The child has not reached the age of 18 or has reached the age of 18 but has no source of living expenses due to schooling or disability;
（3） The brother or sister who was supported by the soldier before his death is under 18 years old or has reached 18 years old but has no source of living expenses due to schooling.
Article 11 The spouse of a martyr who meets the conditions for pension shall remarry and continue to be granted pension while he continues to support the parents and children of the martyrs.
Article 12 Those who still have difficulties living on pensionfamily dependants of the martyr. Survivors of military personnel who sacrifice their families on duty or who die of illness may adopt temporary subsidies to ensure that their living standards are not lower than the average local living standards.
If the fixed income level of the parents (dependents) and spouses of martyrs, soldiers who died on duty, or soldiers who died of illness who did not enjoy pension treatment is lower than the local standard for preferential treatment, the county civil affairs department shall make up according to the standard for preferential treatment.
Article 13 The survivors of martyrs who enjoy pensions, the survivors of soldiers who died on dutyDeceased soldierIn case of death of the survivors, an additional 6-month bonus will be issued asFuneral allowanceAt the same time, the Certificate of Nanchang County Key Privileged Persons will be cancelled.
Article 14 The disappearance of active servicemen shall be subject to legal proceduresDeclare deathAfter being approved as a martyr and confirmed as having died of sacrifice or illnessDeclaration of deathThe original approval or confirmation organ shall disqualify him from being a martyr, a serviceman who sacrificed his life on duty or a serviceman who died of illness, and the certificate issuing organ shall withdraw the relevant certificates and terminate the preferential treatment.
Chapter III Disability Pension
Article 15 If the disability of an active serviceman is determined to be caused by war, work or illness, he shall hold《Disabled Soldier Certificate of the People's Republic of China》After being discharged from active service, they shall enjoy pensions in accordance with the provisions of this Law.
Article 16 An active serviceman who is disabled due to war or on duty and fails to assess the level of disability in a timely manner shall, after being discharged from active service, apply for a post assessment of the level of disability by himself (the interested person of a mentally ill person). If there are archival records or original medical certificates, the provincial civil affairs department shall assess the level of disability.
Article 17 Disabled servicemen discharged from active service shall be subject toregistered residenceThe civil affairs department of.
Article 18 State organs, public organizationsEnterprises and institutionsDisabled servicemen who work or receive retirement benefits shall enjoy disability pension.The pension standard shall be in accordance with that of the Ministry of Civil Affairs,treasury departmentImplementation of established standards.
Article 19 Disabled servicemen discharged from active service who have been disabled due to war or work and who have been confirmed by hospitals at or above the county level to have died of a recurrence of their old injuries, the county civil affairs department shall issue a one-time pension to their survivors according to the standard of the pension for servicemen who have died on business, and their survivors shall enjoy the benefits of the pension for those who have died on business, and at the same time they shall be cancelled《Disabled Soldier Certificate of the People's Republic of China》。
If a disabled serviceman who is discharged from active service and becomes disabled due to war, business or illness dies of illness, an additional 12 months disability pension shall be issued to his survivors asFuneral allowance。Among them, the survivors of disabled servicemen from Grade I to Grade IV who died of illness due to war or official disability enjoyDeceased soldierAt the same time, their Disabled Soldier Certificate of the People's Republic of China will be cancelled.
Article 20 Disabled servicemen who have been discharged from active service need to prepare and repair artificial limbs, tricycles and other auxiliary equipment, which shall be examined and approved by the county civil affairs department. The necessary funds shall be disbursed from the subsidies for special care undertakings issued by the provinces and cities.
Article 21 If a disabled serviceman who is disabled due to military operations needs to go to other places for treatment or installation of artificial limbs due to the recurrence of his wounds, and one of the first to fourth grade disabled servicemen needs to accompany him, according to the standards of the civil affairs department, his transportation expenses, accommodation expenses and food expenses during hospitalization treatment shall be handled by his unit according to the treatment for work-related injuries if he has a job;If there is no job, the civil affairs department shall handle it according to the relevant provisions of the local on-the-job personnel on business trips, and the necessary funds shall be disbursed from the pension fund.
Article 22 Disabled servicemen whose disability certificates are lost or damaged shall be verified by the county civil affairs department, reported to the provincial and municipal civil affairs departments level by level, and replaced in May and November of each year.
Chapter IV Preferential Treatment
Article 23. During the period of active service, conscripts shall be issued by their families locallyPremiumThe standard of preferential treatment for urban conscripts shall not be less than 10% of the per capita consumption expenditure of urban households in the previous year published by the local statistical department, and the standard of preferential treatment for rural conscripts shall not be less than 80% of the per capita net income of rural residents in the previous year published by the local statistical department.
Conscripts who have been awarded meritorious service in the army shall be given an additional bonus of 300 yuan for third class meritorious service, 600 yuan for second class meritorious service,order of first classA bonus of 1000 yuan will be given to the soldiers.Andfamily dependants of the martyrThe survivors of military personnel who died on duty, the survivors of military personnel who died of illness, disabled military personnel in rural areas, and old demobilized military personnel shall be given preferential treatment.
Article 24 The family allowance for conscripts entering Tibet shall be paid at three times the local standard.Families of plateau soldiers in other regionsPremiumIt shall not be higher than the preferential treatment standard for families of conscripts entering Tibet.
Article 25 The number of years for the payment of family allowances for conscripts shall be in accordance with the provisions of the Military Service LawConscriptsIssued during the service period.Conscripts who retire early after serving only one year shall be given preferential treatment according to their actual service years.When a conscript has completed his service, or has been transferred to a non commissioned officer or promoted to a military cadre, he shall cease to be granted preferential treatment.
Article 26 When conscripts enlist in the armed forcesregistered residenceThe civil affairs department is responsible for the distribution, and conscripts who are not enrolled in the military in their registered permanent residence will not be given preferential treatment;For college students who have been approved to enlist in the armed forces, they will be given preferential treatment by the county level civil affairs department where their residence is located before enrollment with the "Preferential Resettlement Certificate" issued by the county level civil affairs department where they were recruited.
Article 27 Students from military academies and families of military sports professionals who are recruited directly from the local government or selected from departments shall not enjoy preferential treatment.
Article 28 The medical treatment for disabled servicemen of the first to sixth grades shall be in accordance with the provisions of the Ministry of Civil AffairsMinistry of Labor and Social Security、treasury departmentImplementation of regulations.
Article 29 Those who enjoy preferential treatmentfamily dependants of the martyrSurvivors of servicemen who died on duty, survivors of servicemen who died of illness, servicemen with disabilities of grades 7 to 10 in the countrysideDemobilized soldiers in the countrysideAnd return home with illnessveteranEnjoy the following medical treatment:
Health centers above the township level shall be exempted from registration fees, injection fees and dressing change fees;50% reduction of laboratory test fee, examination fee, drug change fee, operation fee and inpatient bed fee.
Those who still have difficulty in enjoying medical expenses for key preferential treatment objects shall be includedmedical assistanceThe system grants subsidies.
Article 30 Disabled servicemen who work in State organs, social organizations, enterprises and institutions shall enjoy the same benefits as those who are injured at work in their unitsLiving welfareAnd medical treatment.The employer shall not dismiss, dismiss or terminate the labor relationship due to his disability.The competent department of the original unit shall be responsible for the placement of disabled servicemen who are unemployed due to enterprise bankruptcy, restructuring and other reasons within the system.If it is really difficult to settle down in this system, the local labor and social security departments shall give priority to recommending them to work.
Article 31 Disabled servicemen discharged from active service shall enjoy various preferential policies for local disabled personnel.
Article 32 No unit or individual shall discriminate against disabled servicemen. Units that have accepted and placed disabled servicemen for employment shall handle social insurance such as basic old-age insurance, basic medical insurance and unemployment insurance according to regulations.
（1） If the families who live on welfare benefits have difficulties in housing, they can apply for low rent housing with the Certificate of Nanchang County Key Privileged Persons. Their current housing application conditions and rental housingPer capita usable area2 square meters each.Those who live in public housing depending on the preferential pension can apply for the rent of the original public housing as the low rent housing rent.
（2） If it is particularly difficult to live in rural housing and the relevant departments confirm that it is necessary to build (repair) houses, the funds for building (repairing) houses shall be subsidized by the county civil affairs department.Relevant departments should reduce or exempt land acquisition fees and house building fees.The subsidy for housing construction (repair) of the rural preferential treatment recipients shall be disbursed from the preferential treatment funds.
Article 35 The preferential treatment standard for the survivors of martyrs, the survivors of military personnel who died on duty, the survivors of military personnel who died of illness, disabled military personnel, demobilized military personnel in the countryside, and the veterans who returned home with illness shall be increased by 20%, and appropriate subsidies shall be given under the following circumstances:
（1） Veterans returning home with illnessIncapacityThe civil affairs department may grant subsidies to those who have difficulty in living.The civil affairs department may, at its discretion, give temporary living subsidies to other preferential treatment recipients who are old and infirm, basically lose their ability to work, and have difficulty living.
(II)Demobilized soldiers in the countrysideFor veterans who return home from illness and die of illness, an additional three-month special pension will be issued as funeral subsidies, and the Nanchang County Key Special Benefits Certificate will be cancelled at the same time.
Article 36 The preferential treatment standard for those with multiple identities shall be determined according to the plateau, and they generally enjoy a preferential treatment fund.
Article 37 Priority employment shall be given to key preferential treatment recipients and their children under the same conditions.
Various social welfare institutions shall give priority to the recipients of pensions and preferential treatment.
Article 38 The education, culture, public health and other departments shall, with reference to the preferential policies of the subsistence security systemfamily dependants of the martyrThe family members of soldiers who died on duty, the family members of soldiers who died of illness, disabled soldiers, demobilized soldiers in the countryside, veterans who returned home with illness and other key preferential treatment objects will be given preferential treatment.
Article 39 The preferential policies of the public society for the local people in need shall be enjoyed by those who rely on the preferential pension fund with the Certificate of Nanchang County Key Preferential Persons.
Chapter V Legal Liability
Article 40 If the administrative unit for the pensions and preferential treatment of servicemen and its staff misappropriate, withhold or privately divide the funds for the pensions and preferential treatment of servicemen, which constitutes a crime, the relevant responsible persons shall be investigated for criminal responsibility according to law;stillDoes not constitute a crimeThe relevant responsible persons shall be given administrative or disciplinary sanctions according to law.The misappropriated, withheld or privately divided pension and preferential treatment funds for servicemen shall be ordered by the civil affairs department at the next higher level to be recovered.
Article 41 If the administrative unit and its staff of pension and preferential treatment for servicemen, or the unit and staff involved in the work of pension and preferential treatment for servicemen commit any of the following acts, they shallSuperior competent departmentOrder correction;If the circumstances are serious enough to constitute a crime, the relevant responsible persons shall be investigated for criminal responsibility according to law;If the case does not constitute a crime, the relevant responsible person shall be given administrative or disciplinary sanctions according to law:
（1） Examining and approving the pension of servicemen in violation of regulations;
（2） Issuing false diagnosis, identification and certification in the process of examining and approving the pension of servicemen;
（3） Failing to examine and approve or issue pensions and ex gratia benefits in accordance with the prescribed standards, amounts and objects;
（4） Taking advantage of his power to seek personal gains in the work of pension and preferential treatment for servicemen.
Article 42 If a unit that is obligated to give preferential treatment to servicemen fails to perform the obligation of giving preferential treatment to servicemen, the persons directly in charge and other persons directly responsible shall be given administrative or disciplinary sanctions according to law.If the object of pension and preferential treatment suffers losses due to failure to perform the obligation of preferential treatment, it shall be liable for compensation according to law.
Article 43 The civil affairs department shall give a warning and return the illegal gains within a time limit to the recipients of pensions and preferential treatment who have committed one of the following acts:;If the circumstances are serious, the pension and preferential treatment enjoyed by them shall be terminated;If a crime is constituted, criminal responsibility shall be investigated according to law:
（1） Those who falsely claim pensions, ex gratia benefits or subsidies;
（2） Falsely reporting illness to defraud medical expenses;
（3） Issuing false certificates, forging certificates and seals to defraud pensions, preferential benefits and subsidies;
（4） Deliberately damaging the prepared artificial limbs, tricycles and other auxiliary devices.
Article 44 The object of pension and preferential treatment is sentenced to fixed-term imprisonmentDeprivation of political rightsOr suspend their pensions and preferential treatment during the period of being wanted;Those sentenced to death or life imprisonment shall be disqualified for pension and preferential treatment.The civil affairs department shall confiscate the pension and preferential treatment certificates of the sentenced persons.
The person whose pension and preferential treatment have been suspended shall resume his pension and preferential treatment qualification upon his application and the approval of the municipal civil affairs department upon the expiration of his term of imprisonment and the restoration of his political rights.
The premium that is suspended during the suspension of pension and preferential treatment will not be reissued;However, if the judicial or public security organ determines with valid legal documents or documents that the judgment or the wanted decision on the object of preferential treatment for suspected crimes is improper or not wrong, and the decision to exempt or revoke the criminal punishment or revoke the wanted decision is approved by the civil affairs department, the corresponding preferential treatment will be reissued.
Chapter VI Supplementary Provisions
Article 45 Troops transferred to local resettlementRetirementThe pensions and preferential treatment of disabled personnel among retired cadres, retired non commissioned officers and retired and retired military personnel shall be implemented in accordance with the relevant provisions of these Measures.
The pensions of the militiamen and migrant workers who were killed or injured in the warmilitary trainingAnd pensions for reservists, militiamen, migrant workers and other personnel who are injured or killed in military service shall be handled with reference to the relevant provisions of these Measures.
Article 46 In case of any change in the household registration of the entitled persons, the transfer procedures of the entitled persons shall be handled in a timely manner.In the current year, the ex gratia pension shall be distributed by the county level civil affairs department in the place where the ex gratia pension is moved out, and from the next year, the ex gratia pension shall be distributed by the county level civil affairs department in the place where the ex gratia pension is moved in.
Article 47 These Measures shall come into force as of the date of promulgation.[1]
PLA Air Force
Marriage regulations
Announce
edit
Due to the nature of the military, the tasks and professional characteristics of soldiers are different from those of ordinary citizens,General Political DepartmentThe Interim Provisions on the Implementation of the Marriage Law of the People's Republic of China by the Army was made.
According to the requirements of the regulations, soldiers should actively respond to the call of the Party and the government on late marriage, and should not fall in love and marry prematurely.After military personnel get married, both husband and wife should actively fulfill their obligations of family planning.
With regard to the marriage of officers, the General Political Department stipulated that the spouse chosen by officers must be a citizen of the People's Republic of China with a clear history, progressive ideology, reliable politics, decent style and no serious infectious diseases.After an officer has established a love relationship, he/she should take the initiative to report to the organizationpolitical organizationMake necessary political review on his lover.An officer below the battalion level applies for marriage, which shall be examined and approved by the political organ of the regiment. An officer above the regiment level applies for marriage, which shall be examined and approved by the political organ at the next higher level.For officers who have been approved to marry, the political organ at or above the regimental level of their unit shall issue a certificate of their birth date, nationality and marital status and go through the formalities with the local marriage registration administration organMarriage registrationFormalities.
With regard to the marriage of soldiers, the General Political Department stipulated that,ConscriptsNo one is allowed to find a partner in the army or in the garrison. In principle, non commissioned officers are not allowed to find a partner in the army or in the garrison. Conscripts are not allowed to marry during their active service. Conscripts and non commissioned officers who have extended their service can useHome leaveDuring the period of marriage, they returned to their original places of origin;When getting married, you should be above the regiment level of your unitpolitical organizationIssue the certificate of his/her birth date, nationality and marital status, and then go to the local marriage registration authority to go through the marriage registration procedures. However, some conscripts orvolunteerWhen applying for marriage during family visit, the local county, city or municipal district can also apply if there is no time to go to the original army to issue a certificatePeople's Armed Forces DepartmentIssue a certificate and go to the local marriage registration authorityMarriage registrationFormalities.
The General Political Department also stipulates that no active servicemen are allowed to marry foreigners.Han servicemen who want to marry ethnic minority citizens with different habits of Han nationality should take a cautious attitude and can marry under the condition of respecting and not violating the marriage habits of ethnic minorities.
