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An Analysis On The Dispute Case Of " Incorrect , Multiple And Fake" Household Registration Administration

Posted on:2020-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:T XiaFull Text:PDF
GTID:2416330626457070Subject:Law
Abstract/Summary:PDF Full Text Request
Identity cards,household registration management system are closely related to the ability of social governance and the vital interests of the masses.The Household Registration Regulations clearly stipulate that a citizen can only register as a permanent resident in one place.Due to the historical reasons of urban-rural household registration differentiation,in order to pursue the additional benefits of housing,education,medical treatment and employment attached to urban household registration,a large number of " incorrect,multiple and fake" household accounts have been generated in some places,and the problems exposed by the disorder of household registration are shocking.To this end,the Ministry of Public Security has carried out a three-year household registration clean-up and rectification work,focusing on the elimination of " incorrect,multiple and fake" household accounts,to achieve the uniqueness,accuracy and authority of identity card numbers and household accounts.In the course of clearing up and rectifying,Li Wenzheng,Tan Guanghang and Chen XX appealed against the decision of cancellation of residence registration made by the public security organs.Their main contradictions focused on three aspects:1)whether there was any fake and illegal settlement;2)whether there was a legal basis for public security organs to cancel residence registration;3)whether the process of cancellation carried by public security organs is legal.Since there is no regulation in Registration of Household on how to deal with fake household registration,or any relevant laws to regulate the procedure of irregular household cancellation,the court state that the public security organs lost the lawsuit in this case and point out it is impropriate to cancel Li Wenzheng and Chen XX”s household registrations.First,the policy formulated by the Ministry of Public Security is the law enforcement criteria and norms for the cancellation of household registration.Second,after the cancellation of false household registration,the real household registration information can be re-registered and the same person's certificate issued,which does not have a significant impact on the rights and interests of the parties.The loopholes in the law make it possible for the fraudsters to take advantage of them.They are unfair to the law-abiders and unfair to the law-enforcers.Therefore,it is urgent to amend the regulations of household registration management.It calls for the early promulgation of the "Household Registration Law",speeding up the reform of thehousehold registration system,effectively safeguarding fairness and justice,ensuring social management order and maintaining social harmony and stability.
Keywords/Search Tags:Falsification, Cancellation of household registration, reform of household registration system
PDF Full Text Request
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