Law of the People’s Republic of China on the Protection of the Status, Rights, and Interests of Servicepersons

Updated: 2021-06-10

Chapter II Status

Article 12 Servicepersons are essential members of the armed forces of the state under the leadership of the Communist Party of China (thereafter referred to as CPC), must be loyal to the motherland and the CPC, follow the CPC's command, obey the CPC's orders, and perform their duties and missions to consolidate CPC leadership and the socialist system.

Article 13 Servicepersons, forming the people's army, shall love the people, serve them wholeheartedly, protect their lives and property, and shall come forward and rescue those people whose lives or property are under serious threat.

Article 14 Servicepersons are a force in the defense of national sovereignty, unity and territorial integrity, and shall have the fighting spirit and ability needed to strengthen national defense, resist aggression, and safeguard the motherland. They shall keep in readiness for actual combat, practice combat skills, fear no sacrifice, be able to fight and win, and accomplish tasks.

Article 15 Servicepersons are a force in the modernization of socialism with Chinese characteristics, shall be engaged in the cause of building a modern socialist country in all respects, and participate in emergency response efforts in accordance with the law.

Article 16 Servicepersons enjoy political rights under the Constitution and other laws, and are entitled to participate in the election of the members of organs of state power, in the administration of state affairs, and in the management of economic and cultural programs and social affairs in accordance with the law.

Article 17 The military shall implement the principle of unity between officers and men whereby servicepersons are equal politically and as individual persons, and shall respect and treat each other as equals.

The military shall establish sound democratic systems such as the servicepersons' congress and committee to guarantee servicepersons' rights to be informed, to participate, to make suggestions, and to oversee.

Article 18 Servicepersons must comply with the Constitution and other laws, fulfill the obligations of citizens under the Constitution and other laws, abide by military regulations and military discipline, maintain excellent conduct, and take the lead in practicing the core socialist values.

Article 19 The state shall provide what servicepersons need to perform their duties. Where servicepersons act for the purpose of performing their duties and in accordance with the law, those acts are protected by law.

Where the lawful rights and interests of citizens, legal persons or other organizations are violated due to servicepersons' performance of duties, the state shall make compensation or pay indemnity in accordance with relevant regulations.

Citizens, legal persons, and other organizations shall provide necessary support and assistance for servicepersons in the performance of their duties in accordance with the law.

Article 20 The specific rights and interests enjoyed and the specific obligations assumed by servicepersons as a result of performing their duties shall be prescribed by this Law and other relevant laws and regulations.

Chapter III Honors

Article 21 Military honors are the praise and incentives of the state and the public for servicepersons for their dedication to national defense development, military development and socialist modernization, and are a motivation that boosts military morale and enhances military combat effectiveness.

The state safeguards military honors and encourages servicepersons to revere and cherish military honors.

Article 22 The military shall intensify education on patriotism, collectivism, and revolutionary heroism, strengthen the sense of honor of servicepersons, cultivate revolutionary officers and soldiers of the new era featuring faith, capabilities, courage and integrity, and forge a highly competent military with iron-clad beliefs, convictions, and discipline as well as an unbreakable sense of duty.

Article 23 The state shall, through various forms of publicity, education, awards, incentives and support, cultivate servicepersons' sense of professional mission, pride, and honor, to stimulate their motivation, initiative, and creativity in performing meritorious service to the state.

Article 24 The whole of society shall learn from the glorious history of the People’s Liberation Army, heighten awareness of the service, dedication, and sacrifices of servicepersons, and foster a good atmosphere to safeguard military honors.

National defense education courses of schools of all types and at all levels shall include the glorious history of the People's Liberation Army and the heroic and exemplary deeds of servicepersons.

Article 25 The state establishes a sound military honors system that recognizes the outstanding merits and contributions of servicepersons through the conferment of medals and titles of honor to praise their dedication and sacrifice for the state and the people.

Article 26 Servicepersons, upon the approval of their respective military units, may accept honors awarded by local people's governments, people's organizations, social organizations, international organizations, and other countries or armies.

Article 27 Servicepersons who have been honored and commended for meritorious service shall enjoy corresponding courtesy and treatment. Servicepersons who are commended for meritorious service in combat missions shall enjoy better courtesy and treatment than usual.

The names and meritorious service of servicepersons who have been honored and commended for meritorious service and who perform combat missions shall be included in books of merits, books of honors, local annals and other historical records in accordance with regulations.

Article 28 Relevant central Party and government organs, local and military organs at all levels, and media such as radio, television, newspapers, periodicals, and the internet, shall promote the role models among the military and the heroic deeds of servicepersons.

Article 29 The state and the public shall respect and remember the servicepersons who sacrificed for the country, the people, and the nation, and respect and treat their survivors with courtesy.

The state shall build heroes and martyrs memorial facilities for public viewing, process mourning and remembrance of heroes and martyrs and carry out commemorative and educational activities.

The state shall promote the construction of military cemeteries. After the death of servicepersons, those who meet the prescribed conditions can be buried in a military cemetery.

Article 30 The state shall establish a courtesy ceremonies system for servicepersons. Corresponding ceremonies shall be held on occasions such as the enlistment of citizens and the retirement of servicepersons from active service. Mourning ceremonies shall be held on occasions such as the burial of martyrs and servicepersons who died in the line of duty.

People's governments at all levels shall, on major holidays and commemorative days, organize activities such as visits to military units and military families, and to the survivors of martyrs and servicepersons who died in the line of duty or due to medical conditions. When the said governments hold important celebrations and commemorative activities, they shall invite servicepersons and their families, and survivors of martyrs and servicepersons who died in the line of duty or due to medical conditions.

Article 31 Local people's governments shall hang honorary plaques for families of servicepersons, and for survivors of martyrs and servicepersons who died in the line of duty or due to medical conditions. When servicepersons receive meritorious honors and commendations, relevant departments of local people's governments and military organs shall deliver a report to their families, and organize publicity thereof.

Article 32 The honors and reputation of servicepersons are protected by law.

The honors of servicepersons shall be vested in them for life, and shall not be revoked without legal causes or legal procedures.

No organization or individual may in any way denigrate and degrade the honors of servicepersons, insult and slander the reputation of servicepersons, or intentionally destroy or deface the marks of honor of servicepersons.

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