Policy Interpretation of "Marriage Registration Work Standard"
Q: In 2003, the Ministry of Civil Affairs issued the Provisional Regulations on Marriage Registration, and after 12, new regulations were issued. What new problems have been mainly revised?
Since the implementation of the Provisional Regulations on Marriage Registration on September 24th, 2003, China's marriage registration has become more standardized, and the rights and interests of the parties involved in marriage registration have been better protected. With the rapid development of economy and society, the Provisional Regulations can no longer meet the actual needs of the current marriage registration work and need to be revised urgently. The new Code for Marriage Registration mainly provides specific provisions for mainland residents, Hong Kong, Macao and Taiwan residents, overseas Chinese and foreigners to apply for marriage registration, marriage registrars, contents of marriage registration, materials to be submitted by the parties, and examination procedures. The key points of the revision include: (1) putting forward the setting standards and requirements of township (town) marriage registration offices for the first time; It is clear that the marriage registration office should be equipped with full-time marriage registrars; Incorporate marriage and family counseling and marriage registration and certification into the Code; Put forward the relevant requirements for the informatization construction of marriage registration office; Supplemented and improved the procedures and requirements for replacement; It is clear that the marriage registration authority should strengthen the sharing of marriage information with local people's courts, and further provide supporting conditions for standardizing marriage registration.
Q: Why are the standards and requirements for setting up township (town) marriage registration offices raised?
The original Provisional Regulations on Marriage Registration did not specify the standards and requirements for the establishment of township (town) marriage registration offices. Therefore, in order to facilitate the parties to handle the marriage registration nearby, many places have set up township (town) marriage registration offices, especially in the mass line education practice activities, many local leaders require that the jurisdiction of marriage registration within their jurisdiction be delegated to townships (towns) as a measure to contact the masses and facilitate them. Marriage registration is closely related to people's personal and property rights and interests, directly related to the establishment of family membership, the ownership of family property and debt relations, and also related to the protection of personal privacy, which requires the marriage registration authority to provide necessary places and facilities to protect the legitimate rights and interests of the parties. The new "Marriage Registration Standard" also puts forward clear requirements for this, requiring that the marriage registration office should be equipped with full-time marriage registrars, and the marriage registration office should have an independent place for marriage registration, with a waiting hall, a marriage registration area, a divorce registration room and a file room. However, in practice, due to the fact that most of the registrars in the township (town) marriage registration office are also civil affairs assistants, the strength is insufficient, and the personnel change greatly and frequently, which leads to problems such as arbitrary registration, ride charging and illegal handling, and the registration time cannot be guaranteed. At the same time, the township (town) marriage registration office has no independent office space, simple hardware facilities, no real-time online registration, no archives room, and irregular file management, which can not only provide convenience for the parties involved in marriage registration, but also protect their legitimate rights and interests. Therefore, the establishment of township marriage registration offices must conform to the requirements of the Code for Marriage Registration, and ensure that marriage registration is in accordance with the law and regulations, which is convenient for the people and the people.
Q: Some media reported that matchmaking agencies collect fees at random and charge for hitchhiking. What measures will the Ministry of Civil Affairs take to deal with it?
In 2004, the Ministry of Civil Affairs issued the Notice of the Ministry of Civil Affairs on Strictly Stopping the Illegally Charged Marriage Registration (Han Min [2004] No.83), which clearly stipulated that any involuntary charging service items and all kinds of hitchhiking fees should be resolutely abolished to put an end to the phenomenon of unreasonable charges in marriage registration. And passed law enforcement inspections. , promote the construction of marriage registration office, solve the problem of arbitrary charges and hitchhiking charges. In order to further solve this problem, the new specification also puts forward clear requirements such as "the marriage registration office shall not be located in wedding photography, wedding service, medical treatment and other institutions, and the above-mentioned service institutions shall not be located in the marriage registration place". In the next step, the Ministry of Civil Affairs will, in combination with investigation and law enforcement inspection, further intensify the investigation and punishment of arbitrary charges and hitchhiking charges by marriage registration authorities, and earnestly safeguard the legitimate rights and interests of the people.
Q: What new convenience measures have been added to the Marriage Registration Law?
In accordance with the relevant requirements of the State Council on decentralization and facilitating people's work, a number of convenience measures have been added to the Code for Marriage Registration. First, it is required that marriage registration places should be equipped with necessary public service facilities to provide services for the parties. The second is to require the marriage registration authority to open the online appointment function and consultation telephone number for marriage registration, so as to avoid the parties rushing back and forth due to incomplete materials and reduce the waiting time of the parties. The third is to allow qualified provinces to reissue marriage certificates for the parties across regions within their jurisdiction. For example, the original marriage registration office or permanent residence is located in Yanqing District, Beijing, and now he works and lives in Dongcheng District, Beijing. The parties can apply for a replacement marriage certificate at the nearest marriage registration office (Dongcheng District Civil Affairs Bureau Marriage Registration Office) without going back to Yanqing District to reissue it. Fourth, it is required that the marriage registration office should have an independent place to handle marriage registration, with a waiting hall, a marriage registration area, a divorce registration room and a file room, which has changed the problem that marriage registration and divorce registration are handled in the same area and personal privacy is exposed to the public, effectively protecting the privacy of the parties.