Research On The Marriage Registration System

At present, Marriage registration is the element of form of the conditions on how the marriage enters into force, which is provided in "Marriage Law". Yet, the recognition of de facto marriage exists in judicial practice, registration after de facto marriage is permitted and the registration has retroactivity. This practice makes the distinguishing line between the registered marriage and the de facto marriage is blurred, and then the registration makes no sense. This thesis will do some research on the practice of marriage, starting with the nature attribute, contract, of marriage, try to reconstruct the system of marriage registration effect, and to carry out the principles of freedom and good faith in the marriage practice.This thesis consists of three chapters in addition to Preface and Conclusion.Chapter One introduces the basic theories of the marriage registration. It considers that contract is the nature attribute of marriage and we must distinguish the coming into existence of marriage from the marriage registration. Registration is the publication for marriage, is the element of the entry into force of the absolute power of the marriage whose function is to protect marriage.Chapter Two reviews development of the marriage registration system. On understanding the theories stages, analyses the defects of the existing system of the marriage registration, and give some suggestions to reconstruct the marriage registration system by making reference to "The Contract Law" and "The Real Right Law".Chapter Three analyses effect of the existing marriage registration system, and claims to separate the coming into existence of marriage from the marriage registration, endow the registration with the effect of absolute, exclusive power to the marriage, effect is different between the registration and the unregistered marriage. Only by these measures can influence and supervise the marriage parties' behavior.