1. Article 26 of the "Marriage Law of the People's Republic of China" stipulates: "If the spouse of an active-duty soldier requests a divorce, the consent of the active-duty soldier must be obtained."
In 2001, the General Political Department 1 promulgated the "Regulations on Several Issues Concerning the Military's Enforcement of the Marriage Law", which clearly stipulates the conditions and procedures for divorce among military personnel. Divorce by active duty military personnel should be serious and prudent, and must not violate national laws, military discipline or social ethics. The approval procedures and authority for military personnel to apply for divorce are the same as those applying for marriage. When the political organ of a unit at or above the regiment level issues a certificate of consent for divorce, both parties should be required to sign or provide written opinions.
In addition, the review and registration procedures for military divorces are the same as those for general divorces, and the relevant provisions of the "Marriage Registration Regulations" effective from June 65438 + October 1, 2003 shall apply.
Two. Provisions on Several Issues in the Military's Enforcement of the Marriage Law Article 11 Divorce by military personnel should be serious and prudent, and must not violate national laws and regulations, military discipline, or violate social morality.
1. Both parties are active military personnel. If both parties voluntarily divorce or one party requests a divorce, the military leaders or the political organs of the parties shall conduct mediation; if mediation fails and the conditions for divorce stipulated in the Marriage Law are met, a certificate must be issued by the political organ before the person can apply for divorce at the Marriage Registration Office or file for divorce in court. litigation.
2. If the spouse is a local and one of the military personnel requests a divorce, the leader of the military political agency shall mediate as appropriate; if the marriage meets the divorce conditions stipulated in the Marriage Law, and with the consent of the other party, the political agency may issue a certificate of consent for divorce; If one military party insists on divorce and the other party firmly disagrees with the divorce, the military can seek the opinions of the other party's unit or relevant local departments for mediation. If mediation fails, the political agency will issue a certificate and the parties will file a divorce lawsuit with the court.
3. If the spouse is a local and one party requests a divorce and the military agrees to the divorce, the political agency can issue a certificate of consent for the divorce; if the military does not agree to the divorce, the political agency will not issue a certificate, but the military party is dismissed by the political Exceptions will be made if the agency determines that there is a major fault.
Three. Article 12 The review and approval procedures and authority for active-duty military personnel to apply for divorce are the same as those for marriage. When the political organ of a unit at or above the regiment level issues a certificate of consent for divorce, both parties should be required to sign or provide written opinions. Anyone applying for remarriage or remarriage must have a divorce certificate.
Four. Provisions on Several Issues in the Military's Enforcement of the Marriage Law Article 13 Party organizations and political organs at all levels of the military are responsible for managing the marriage of soldiers in their units. Have the right and obligation to review, mediate and issue certificates for marriages and divorces of military personnel. Behaviors that violate these regulations, such as fraud and deception, should be educated, criticized and urged to make corrections; if the circumstances are serious, disciplinary sanctions will be imposed as appropriate.
Military legal service departments and lawyers at all levels should provide legal services in a timely manner to safeguard the legitimate rights and interests of military personnel. Relevant military departments should assist local judicial authorities in pursuing criminal responsibility for those who violate military marriage and constitute a crime.
Extended data
1. The "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (1)" provides detailed provisions on "a soldier who has a major fault" :
1. Bigamy or cohabitation with others outside marriage.
2. A soldier commits domestic violence or abuses or abandons family members.
3. The military has bad habits such as gambling and drug abuse, which are very different from ordinary shortcomings and mistakes. If you get into bad habits such as gambling and drug abuse and refuse to change, it will be a great misfortune for your family.
4. The military has other major faults.
2. According to the provisions of the "Civil Procedure Law", if the People's Court receives a complaint or oral complaint and upon review, determines that it meets the conditions for prosecution, it shall file the case within 7 days. Special circumstances that are not accepted include:
1. During pregnancy, within 1 year after childbirth or within 6 months after termination of pregnancy, the man shall not file for divorce;
2. The judgment is not allowed For divorce cases involving divorce and mediation, there are no new circumstances or new reasons, and the plaintiff files a lawsuit within 6 months;
3. Both the man and the woman divorce voluntarily, and the children and property issues have been properly handled. After registering the divorce at the Marriage Registry Office and receiving the divorce certificate, one party reneges but the original Marriage Registry Office does not revoke the divorce registration.
The above provisions also apply to military divorce cases.
Our country’s criminal law also specifically stipulates the punishment for the crime of destroying military marriage (meaning living with or marrying an active-duty soldier while knowing that they are spouses) and the crime of rape (referring to using authority, affiliation, or coercion to rape the wife of an active-duty soldier).
Reference:
/gong Bao . court . gov . cn/details/ea 9 ABC 5 CD 273 b 7091 a 762 BD 99 f 0d 5 a . html? SW = % E5 % A9 % 9A % E5 % A7 % BB " Target = " _ blank " Title = "General Office of the Supreme People's Court - Explanations on Several Issues Concerning the Marriage Law (1) "> General Office of the Supreme People's Court - Several Issues Concerning the Marriage Law Explanation of the problem (1)