Marriage is called marriage in law.
It refers to a civil legal act in which both husband and wife establish a spouse relationship in accordance with the conditions and procedures prescribed by law, and bear the rights, obligations and other responsibilities arising therefrom.
In some countries, establishing a legal marriage relationship is a legal procedure. In our country, the marriage relationship between men and women who meet the legal conditions for marriage has legal effect and is recognized and protected by the state only after marriage registration.
With regard to marriage registration, China's "Marriage Registration Regulations" specifically stipulates that when registering, both men and women must hold their resident identity cards or household registration certificates and certificates issued by their units or villagers' committees (residents' committees) about their date of birth and marital status. * * * Apply to the marriage registration office where one party's account is located.
When a divorced person applies for remarriage, he should also hold a divorce certificate. The marriage registration authority is the subdistrict office or district people's government of a city, the municipal people's government without districts, and the people's governments of townships, nationality townships and towns in rural areas.
After careful examination of the application of the parties, the registration authority shall grant registration and issue a marriage certificate to those who meet the legal conditions for marriage, otherwise registration will not be granted. If a party disagrees with the decision of the registration authority, it has the right to propose a solution to the higher authority.
Judging from the legal provisions of countries all over the world, marriage procedures mainly include registration system, ceremony system and the combination of registration and ceremony system.
Registration system means that marriage registration according to law is the only requirement for marriage to be established. The parties who want to get married must apply to the marriage registration authority for marriage, accept the examination of the marriage registration authority, perform the registration procedures and the marriage is established.
He embodies the supervision and management of marriage by the state and the government. Registration system is a marriage procedure developed in modern times, which has been adopted by many modern countries, such as China, German, Japanese and Mexican.
Ritual system refers to the formal requirements of marriage. There are three ritual systems: religious ceremony, secular ceremony and legal ceremony. Religious ceremonies are weddings held under the auspices of clergy according to the requirements of religious teachings, such as Spain and Greece.
Secular wedding is a wedding held in accordance with folk customs under the auspices of the host and witness, which reflects the cultural traditions of the country and region. Legal ceremonies are held under the auspices and participation of government officials, such as Switzerland. Some countries also adopt the dual-track system of legal ceremony and religious ceremony, and the parties can choose one of them, both of which have legal effect, such as Britain and Denmark.
The system of combining registration with ceremony requires both marriage registration procedure and legal marriage ceremony. After the two procedures are completed, the marriage is established. This marriage system makes the marriage procedure strict and solemn, which can not only realize state supervision, but also satisfy the solemn and enthusiastic wishes of the parties. France and Romania adopted this system.
After receiving the application, the marriage registration authority will examine the parties in accordance with the provisions of the Marriage Law. After the registration is approved, both men and women must be present at the same time, and then get a red marriage certificate with valid documents (ID cards of both parties, copies of household registration books, and physical examination sheets).
Registration conditions: In addition to the conditions prescribed by law, marriage must also go through legal procedures. According to this article, marriage registration is a necessary procedure for marriage.
Marriage registration is a system for the state to supervise and manage the establishment of marriage relations. Registration system can guarantee the freedom of marriage, the implementation of monogamy principle, the health of marriage parties and their children, avoid illegal marriage and prevent the occurrence of marriage and family disputes, and it is also an important content of legal publicity on marriage issues.
Conscientiously implementing the provisions of marriage registration is of great significance for consolidating and developing the socialist marriage and family system.