Research On Marriage Registration Management Reform In China

Family is the cell of the society. And a stable society is based on the family stability. Marriage, as a prerequisite for family, plays a vital role. Meanwhile, marriage registration management system as an important institution of the Marriage Law, has a very important practical significance in the harmony and stability of marriage and family. First of all, whether the marriage can be established directly depends on marriage registration management system, and whether there is the marital relationship between the parties has also been affected by marriage registration system, providing the conditions for marriage and family law legislation; Secondly, the government regulation on marital relations also plays an important role in the illegal marriages,promoting a harmonious society and fully protecting the interests of vulnerable groups. So, marriage registration management system plays an important practical role in protecting the rights of spouses, maintaining the family harmony, and promoting the social security.China’s current marriage registration system presents a significant tendency of freedom, and this trend derives from the implementation of the "Marriage Registration Ordinance" in 2003. First of all, this trend reflects that the implementation of private autonomy is a precondition of dependence to ensure the marriage party handling marital relations in the internal affairs according to their own will, and take responsibility for their own behaviors. Secondly, the current casual and hasty divorce phenomenon exists mainly because of the lack of effective monitoring of public authority, the lack of a sound system of marriage registration. Marriage registration doesn’t fully play its administrative role, often causing the illegal marriage, divorce. Besides, it requires little fee to conduct a divorce. All these have had negative consequences to the stability of society and the family. The current marriage law can not meet the demands of the social progress. In the author’s opinion, our understanding of marriage can not simply be equated to respect and protect the people. The government should give full play to the usefulness of the public authority and enhance the management of marriage regulation to make marriage fair and just.This paper is divided into four chapters. The first chapter is about the theoretical basis for marriage registration management system. First, according to the meaning and nature of marriage and marriage registration, ore concepts of marriage is a contract, and it can be used as an administrative confirmation. Secondly, there is a analysis and discussion on the marriage registration system. And it can be summarized as management theory, service theory and culture service. On the one hand, marriage registration reflects that the country can make full use of social management and effectively plays its full part. On the other hand, marriage registration is a public service provided by the government- marriage registration services. Besides, marriage and marriage registration system have a very close cultural ties and they have mutual influence and interaction.The second chapter is about the connotation of marriage registration system, the need to analyze the evolution process and reform. On the one hand, it introduces the connotation of marriage registration system, pointing out that the essence of marriage registration system is a national public authority on the "private autonomy" of the intervention and the significance lies in the help of socialist spiritual civilization, which will help to ensure a successful implementation of marriage, the establishment of a democratic and harmonious family and the regulation of the marriage registration. The second is about the history of the development of marriage registration management system, in which, de facto marriage legislation has gone through the development of compromise registration period, strict registration and the registration period. At present, China is in the third period and there is the absence of public power and an unclear attitude of de facto marriage. The third, there is an analysis of the reform of the necessity of marriage registration system. The increase in the number of divorce registration before the new implementation of the new policy of the government and the lost case of The marriage registration office of Fengxian District highlights the current defects of marriage registration system.For example, the false divorce is not only a waste of national resources, but also ruins the true regulation of marriage registration system.The third chapter presents the current condition and problems of marriage registration system to be addressed. For one part, it shows the deficiencies in the system design. The current registration system ignores the traditional marriage customs, because the reform is too aggressive, resulting in neglect of the national traditions and customs. There are some flaws in the current legislation system. For example, the unrealistic conditions, the imbalances of the regional development, the differences in the level of economy and customs. In some areas, the implementation of the marriage registration experiences embarrassment of "dystopia. Because it diverts from the relevant systems and lacks necessary communication with the parties concerned. Second, there are many loopholes in the legislation. The legislation is the sole criteria for the establishment of marriage, but in fact, this approach is not correct. As to the facto marital relation, the attitude of legislation is vague and tangled because there is no essence in the registration procedure and the divorce registration system is too loose compared with the "marriage Registration regulations" of 1994. The current law has canceled the issuance of a letter of introduction and the specific experience of one-month review period, the public right to intervene weakened so that our divorce registration system has become the world’s most liberal divorce registration. Under the present legislation, we should think about how to manage the wrongs done by the authority and its staff as well as the parties to be registered. Since 2003, after the introduction of "marriage Registration Ordinance", the rate of premarital medical checkup is on the decline, causing the community to re-examine the need for premarital system medical checkup. Thirdly, there is a poll analysis of implementation status of the Fengxian District marriage registration system, in which the quantitative and qualitative analysis are combined.Chapter IV is an analysis of the registration management system reform. The first point is about the construction of the system. This paper proposes the policy design of marriage constructed and checks the effectiveness marriage registration. This will not only conform to the traditional and current conditions, but in a way solves the embarrassing situation of the facto marital relation. The new system not only strengthens the marriage registration status, more importantly, the parties, after comparing the effectiveness of two marriages legal acts, will no doubt choose the registration of marriage. Second, legislation is improved. Some suggestions are given because of the lax review for marriage registration, hasty divorce, no premarital medical checkup, blemishes registration and blank liability. The third is to improve our current marriage registration management system. To perfect the marriage registration, we need to enhance the censorship,strictly monitor the divorce procedure system and introduce the social work to promote marriage registration management and service. We should enforce the voluntary premarital medical checkup and pregnancy test to make the pre-marital health check a service and a kind of public custom. Apart from that, perfect the policy concerning the facto marital relation, making it protected and distinct from the registered marriage and then achieve the final goal of making the facto marital relation a registered one.