Research On The Marriage Registration System

The marriage registration in the current legislation is established as the only form of marriage in China, which helps regulate marriage behavior by legal enforcement means, preventing and reducing illegal marriage. However, the marriage registration system, an important marriage system, has squeezed through the hole between the nature deficiency and nurture disorders along with it since the introduction, existing obvious shortcomings either in system or legislation. This paper attempts to take a reflection on our marriage registration system, point out the causes and seek for the system design in accordance with China's national conditions, thus solving the problems in reality. Apart from introduction and epilogue, this paper is divided into four parts:The first part is mainly from the basic theory of marriage registration, giving a deep interpretation of marriage, marriage establishment and validation of marriage from the perspective of concept as well as introducing the basic theories related to the marriage registration system. On this basis, the analysis of the general theory about how to position the marriage registration behavior is shown, aiming to explore the rational orientation of marriage registration.The second part is concerned with the comparative study of marriage registration system in different countries (regions) which is introduced and reviewed from macro and micro angles. Using analysis method of comparative law, beneficial enlightenment may be drawn in this part through showing features and content of various legislative modes, which will provide useful references for reconsidering our country's marriage registration system and legislation.For the third part, it begins with the survey about our marriage registration system and legislation in historical point, then reflects upon the marriage registration system from two levels and points out the problems. The problem in the first level is institutional defect which is concluded from the analysis associated with China's national conditions in three aspects; the problem in the second level is deficiency of legislation which is identified after the reflection on registration legislation and judicial practice.In the fourth part, the author tries reconstructing our marriage registration system boldly, including constructing the conditions of marriage establishment into binary system, then proposes the path of perfecting the legislation of marriage registration accordingly.