Discusses The Marriage Registration System In China

Marriage is the foundation of society. Marriage and family stability to the entire social harmony and stability. With the development of the society, people's marriage and family values changed significantly. Related to the marriage law system and adapt to the new situation, We need to continue to explore in legislation, Modify and improve the relationship between marriage and family adjustments related systems. Marriage registration system is to regulate and adjust the importance of marriage system. This article attempts to start from the concept and nature, Marriage registration system in our country history and the relevant provisions of foreign countries, Evaluation of the advantages of the present system of marriage registration, Reflect on its shortcomings, and make relevant improvement suggestions.Addition to the introduction, this paper is divided into four parts:First, an overview of marriage registration system. Through analysis of the concept of marriage registration, this paper consider that the contractual nature of marriage is the nature of property marriage registration and the properties of marriage registration are the acts of the executive confirmed. Describes the authority and procedures for marriage registration. Established by analyzing the formal requirements of marriage, that marriage is a marriage registration publicity means. Overview of marriage and the fact that the effectiveness of non-marital cohabitation and processing, and may revoke an invalid marriage and the institution of marriage.Second, China's current system of marriage registration. First, the review of the historical evolution of marriage registration system, through the "Registration compromise, strict registration, registration can go through the" three stages, in particular: the streets of the city office to cancel the marriage registration authority as the abolition of marital status issued by the unit certification and compulsory pre-marital health check, the attitude of de facto marriage "recognition - does not recognize - conditionally admitted," and the addition of an invalid marriage may revoke the institution of marriage. Secondly, the introduction of the French, the British system of marriage registration. Finally, our current system of marriage registration office to make positive progress of the evaluation. Third, reflection to current marriage registration system in China. First, the effectiveness of the current marriage registration errors, the effectiveness of the registration of marriage and marriage with the establishment of mixed effect. Second, the publicity of the marriage registration process is not strong, marriage registration authorities and result in separation of the household registration authorities false information, pre-marital health check rate. Third, the "coerced" other than involuntary marriage, false marriage, marriage registration, lack of basis for the processing defects. Fourth, only the lack of formal requirements of marriage was the fact that the effectiveness of legislative gaps marriage, divorce proceedings, "Marriage Recording" operability is not strong, does not make provision for illegal cohabitation. Fifth, the invalid marriage defined as "void of course" not in line with modern trends in national legislation; invalid and may revoke the legal consequences of the provisions of the same unscientific; marriage is invalid or revoked when the parties did not distinguish between good and malicious.Fourth, on the improvement of marriage registration regime. First, the reconstruction of the effectiveness of marriage registration will be for the management of the nature of the prohibition of the specification. Second, the establishment of the marriage announcement system, the marriage registration office to household management of public security organs to carry out pre-marital education to pre-marital health check free of charge. Third, the result of fraud or other causes involuntary marriage, false marriage as voidable marriage, other forms of defect by the correction after the registration of the marriage valid. Fourth, on the fact that marriage, marriage by violating the lack of substantial elements and only the difference between the form elements to be handled, not to apply for marriage registration, marriage and the fact that the conditions for protection, the establishment of adjustment of non-marital cohabitation and its legal system. Fifth, the invalid marriage, "declared invalid" up to the legislative level; will be able to modify the dissolution of the marriage as the legal consequences of self-declared null and void from the date of revocation; distinguish the nullity or revocation of the parties in good faith and malice, to strengthen the party in good faith protection.