A Study On Marriage Registration System In China

Marriage and family system is the foundation of the society as a whole, which bear thepopulation reproduction and economic production, education and cultural heritage andspiritual comfort, and other important social functions. Marriage is not just an individualaffair between, more related to the national and social harmony and stability of the qualityof the population and the development prospects of the whole country. Because ofmarriage and the union of interest exists between the country, the society, so for a longtime marriage is and state laws to protect the object. In our country, is the state ofmarriage registration, one aspect of the social management function, is a state of marriageact to review and regulatory tools, the marriage registration system provides a way fornational public power intervention in marriage.Since2003since the implementation of the marriage registration ordinance, themarriage registration system in China are becoming more and more in the freedom ofmarriage, and fully carry out the principles and spirit of private law autonomy, on thebasis of equality, mutual guarantee independent personality, actively encourage andadvocate the free decision marriage within the various affairs, and take the consequencesby yourself. But overemphasis on the pursuit of private rights of autonomy concept,caused the serious lack of public power, the marriage registration with the administrativefunctions weakening, the illegal marriage emerge in endlessly. Too low open the door to ahasty divorce divorce cost, seriously affected the family and the harmonious and stablesocial order. According to the article, we cannot simply equate marriage autonomy withrespect for people and protection, the country must use public power to the marriageproperly and efficient management, to achieve the primary value of the justice andequality.The full text of about fifty thousand words, which is divided into the following threeparts:The first chapter, the basis of theoretical research of marriage registration. This paperfrom the analysis on the basic values of marriage, marriage to social functions makestakeholders with the state, society, it is provides a reasonable justification for state intervention of marriage. Secondly introduces the marriage registration system as animportant content in marriage and family system in China, for the country to the marriagebehavior of review and supervision and provides some ways and means. Again, becausethe current marriage registration system is analyzed too pursuit of private rights ofautonomy and efficient administration, ignored the most important thing in marriage andfamily system, fairness and justice value leads to frequent occurrence of illegal marriagein real life, the divorce rate is high. Finally the article points out that to better protect thestability of marriage and family, safeguard the legitimate rights and interests of the partiesand their children, the state of marriage must be appropriate and effective intervention, onthe basis of fully safeguard the freedom of marriage, play a role of its review, supervisionand guidance.The second chapter, the improvement of the system of marriage registration. Thischapter first evolved to the marriage registration system in the legislation of our countryare introduced, and then the author analyses the legislative reason, points out thathistorical and realistic problems of the marriage registration system in China. Secondlyintroduces several other countries about marriage application specific provisions,combined with China’s national conditions, find out the reference in the marriageregistration in China. Again is pointed out that the deficiency of existing marriageregistration system in China, of which there are external and internal defects. Externaldefects mainly displays in the marriage registration system and the lack of the householdregistration system, the link between the judiciary and cohesion. Internal defects includingmarriage registration legislation gaps, one system in a dilemma, contradiction betweenrelated laws and regulations, and rules of jurisdiction for marriage registration does notconform to the reality needs four aspects. Finally the article puts forward the Suggestionsof perfecting our country’s system of marriage registration. Set up a weddingannouncement system, to make up for marriage registration of the public sex is not strong;Clear the legal consequence of marriage registration procedure defects; To strengthen theillegal marriage registration of the legal responsibility; Reshaping of the controlledstructure; Strengthen the link between the marriage registration with the relevant system.The third chapter, the improvement of the divorce registration system. This chapter first divorce law liberalization and increasing divorce rate is analyzed, the connection betweenthe through the introduction of the change of foreign system of divorce, divorce legislationevolution of legislative system, and combining with the analysis of divorce data at homeand abroad, it is concluded that we can improve the system of divorce to reduce thedivorce rate. The second section discusses the value choice of divorce legislation, it is thedivorce freedom and social justice. High divorce rate to social stability and bring aboutprofound negative influence, is appropriate to limit the freedom of divorce, the pursuit ofthe justice in the field of marriage as well as the popular choice of the institution ofmarriage. The third section mainly introduced the different countries and regions oncomparative study of divorce system, and the system of divorce from all countries isevaluated. Section4introduces the legislative evolution and the current in the system ofour country’s divorce registration rules. Section5points out the defects of the system ofdivorce in China, mainly including the essence of the existence of the divorce registrationis complete, review link is too simple, the establishment of a lack of consideration fordivorce period, no divorce is null and void and revocable system, ignore to protect therights and interests of minor children. Section6for perfecting our country’s divorceregistration system of legislative proposals are put forward. Is a focus on perfecting thedivorce registration substantial requirements of restrictive elements; The second issubstantial examination for divorce registration; Three is for each party must considerperiod; Four is the establishment of divorce is null and void and revocable system; Five isthe social supervision system of the divorce registration; Six is, and actively promote themarriage registration service work.