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我国目前涉军婚姻的法律制度中,由于抗战时期政策的沿用,涉军离婚制度往往对军人一方格外照顾,非军人一方的离婚自由权难以保障。本文以我国涉军婚姻制度为立足点,参照了国外的涉军婚姻制度,意在表达我国涉军离婚制度应逐步消除军人在离婚诉讼中的特权以实现军婚中的主体双方平等、婚姻自由。
In the current legal system of marriages involving military in our country, due to the persistence of the policy during the War of Resistance Against Japan, the military-related divorce system often takes special care of one side and the non-military side can not guarantee the right to divorce. This article takes the marriages system of our country as the foothold, refers to the foreign marriages system, and expresses the divorce system of our country. It should gradually eliminate the privileges of military personnel in the divorce proceedings so as to realize the equality and freedom of marriage between the main parties in marriages.