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军人法律地位是一个与军人权益保障有密切关系的概念。军人权利与军人义务构成军人法律地位的实质内容。我国法律对军人法律地位的规定主要体现在对军人的权利与义务做出了一系列的规定,但是尚未从职业属性的角度对军人职业给出最权威的界定。军人作为一种特殊的职业,需要军事龙头法——《国防法》明确界定军人的职业属性,解决“军人是谁”的原初性问题。在此基础上,《国防法》对军人权益的规定才有充分的理由,而国家对军人权益以及权益保障法规制度的完善才有足够的动力。《国防法》对军人职业的性质做出规定,对军人法律地位给出明确的界定,是完善军人权益保障法规制度的前提。从军人法律地位的含义角度,从军人职业与其他职业对比的角度,从现有法律对职业身份的规定方式这三重角度可以找到对军人法律地位进行规定的方法,对军人法律地位给出一个总括性的表达,从而与军人的具体权利与义务之间形成总分式的逻辑关系,对军人具体权利与义务的设定起到引领作用。
The legal status of military personnel is a concept that is closely related to the protection of the rights and interests of military personnel. Military rights and military obligations constitute the substantive content of the legal status of military personnel. The provisions of our law on the legal status of military personnel are mainly embodied in a series of provisions on the rights and obligations of military personnel. However, the most authoritative definition of military occupations has not yet been given from the perspective of occupational attributes. As a special kind of military service, military personnel need the leading military law - “National Defense Law” clearly defines the occupational characteristics of military personnel and resolves the original issue of “who is a soldier?” On this basis, the provisions of the “National Defense Law” on the rights and interests of military personnel have sufficient justification, and the state has sufficient impetus to improve the rights and interests of military personnel and the improvement of laws and regulations on the protection of rights and interests. The “National Defense Law” stipulates the nature of servicemen’s occupation and provides a clear definition of the legal status of military personnel. This is a prerequisite for improving the legal system for safeguarding the rights and interests of military personnel. From the perspective of the legal status of military personnel, from the perspective of the comparison between military occupation and other occupations, we can find a way to stipulate the legal status of military personnel from the triple perspective of the existing legal provisions on professional status, giving a general overview of the legal status of military personnel So as to form the logical relationship of the total score with the specific rights and obligations of military personnel and play a leading role in setting the specific rights and obligations of military personnel.