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On the marriage registration system in China

Author: ZuoHuanLing
Tutor: ZhangJingFang
School: Zhengzhou University
Course: Legal
Keywords: Marriage Factual Marriage Marriage Registration System Flaws of Marriage Registration
CLC: D923.9
Type: Master's thesis
Year: 2009
Downloads: 114
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Abstract

Marriage is one kind of the most essential social relationship, which holds consequence and important significance. On the one hand, getting married is a private right of the both-ties. On the other hand, because marriage is an integral part of the social relationship, it should be adjusted and regulated by the law. Legitimate marriage not only should have the essential condition of substance that can certify the marriage, but also need the necessary essential condition of procedure. Our nation’s current Regulations on Marriage Registration takes marriage registration as an essential condition which certifys the establishment of marriage and the elimination of marriage(divorce by agreement), and it can advantage specifying marriage by the compulsory measure of the law. However, in real life, there are not a little flaws in essential condition of procedure, even in essential condition of substance due to the influence of kinds of factors. So it is necessary to analyze the actual problem and to find solutions.The first part of this article outlines the concept of marriage, the history of marriage and the meaning of marriage. Due to historical conditions and the impact of ideas, the modem definition of marriage and the ancient one are different. So there are two definitions : ancient marriage and modern marriage. Marriage is a product of social development, which generally experienced the four stages: chaotic marriage, group marriage, dual marriage, monogamy. And it has functions as follows: satisfying and regulating human sexual behavior, meeting the needs of human reproduction, promoting social and economic development.In the second part, beginning with distinction between the establishment of marriage and valid marriage, this article will clarify how marriage obtains legal validity in different countries or in different historical periods of the same country. They are ceremony procedure, religious ceremony, legalization(including ceremony system, registration system, ceremony & registration system). Our country now takes the form of registration system. There are four controversial issues for the character of the registration system. And they are civil act, act of administration, administrative licensing, administrative validating. And I tend to accept the doctrine of administrative licensing. Moreover, practical significance of registration system is analyzed at the end of the part.In the third part, the article reflects deeply on our country’s marriage registration system. First it looks back on the evolution of the legislation of our country’s factual marriage by analyzing the reasons for the existence of the factual marriage, and raises some reason to deny factual marriage. Second, it sums up the flaws of current marriage registration system including the ones of procedure, substance and legislation. And it analyzes the consequences leaded by the flaws of the marriage registration.In the last part, this article puts forward some suggestions to perfect the marriage registration system of our country. Factual marriage should be denied absolutely from both legislation and social practice. For the flaws of marriage registration, we should band together the work of prior restraint and the work of posterior remedy.

On the marriage registration system in China

Abstract

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