How long will it take to realize marriage registration nationwide
The topic of "Marriage Registration Nationally General" Aroused Social Concern
□ Our reporter Zhao Li
□ Guo Jing, an intern of our newspaper
On December 8, a netizen left a message on the portal website of the Ministry of Civil Affairs, saying: “In the era of big data, marriage registration information can be checked nationwide, and ID cards have been processed in different places for many years. However, marriage registration still requires the registration of both men and women. It is very inconvenient for both men and women to register at the place of residence of one party, and it is very inconvenient for both men and women to register in other places. I hope that marriage registration will be implemented nationwide as soon as possible."
On December 9, the Department of Social Affairs of the Ministry of Civil Affairs replied that “we will refer to it in the follow-up work.”
The reply that the Ministry of Civil Affairs "will refer to" is undoubtedly a positive response to the demands of the people.
Although there is room for it, this reply still gives people hope.
Today, some people suffer from "marriage registration must be done at the place of household registration" for a long time.
So, how far is the "national registration of marriage" from us?
Return to the two places to register for marriage
Increase the economic cost of time
The blocking of marriage registration in different places is a major blockage on the road for many new couples to tie the knot.
According to the "Regulations on Marriage Registration", when a mainland resident gets married, both the man and the woman should go to the marriage registration office where one party's permanent residence is registered for marriage registration.
However, as the population flow becomes more and more active, many couples have to travel back and forth between the two places in order to complete the registration procedures, which adds to the economic, time, and energy costs.
The smooth registration of marriages in different places has become an ardent call for many marriage parties.
Once an emotional mediation program ushered in a couple. The reason for the contradiction was that the two had been "married" for several years, but they did not receive a marriage certificate.
The woman has no sense of security, and the man says "no time".
The mediation expert asked: "How much time does it take to obtain a certificate?"
The man replied: "We are all working in other places, and we have to go back to our hometown to get the certificate. We can go home only during holidays. We have holidays and the Civil Affairs Bureau also has holidays, so there is no time to go back.
Ms. Teng from Hunan and Mr. Yang from Zhejiang have worked in Guangdong for 7 years.
Two years ago, they decided to get a marriage certificate.
Since none of them had a Guangdong registered permanent residence, they had to go back to Ms. Teng's hometown in Hunan to go through the marriage procedures.
"It takes 5 and a half hours to get to my hometown by high-speed train, and it takes 6 and a half hours to get home by the family members." Mr. Yang said that it would take more than half a day to go back to the hometown to "pull the card".
In addition to time-consuming, high economic costs are also incurred when returning home to apply for a permit.
According to Mr. Yang, the high-speed rail ticket plus other expenses on the way cost more than 2,000 yuan for the two to go back and forth.
In addition, in order to obtain the certificate, he had to ask the company for 3 days off.
According to company regulations, the salary will be deducted for taking a leave of absence, 1,500 yuan will be deducted for one day of leave, and 4,500 yuan will be deducted for three days of leave.
Ms. Yao, who works in Shanghai, originally planned to obtain a certificate for marriage with her boyfriend this year, but both of them have registered permanent residences in their hometowns and had to go home to obtain the certificate.
Due to the epidemic, they decided to drive home for 6 hours, so they had to take two days off.
For Miss Yao, who is a teacher of a training institution, taking two days off will also lose a lot of training fees.
"Although you don't have to pay for the certificate, the travel expenses are quite expensive." Many people who can only run around on the road to get married in a hurry to get married in different places complain.
"Nowadays, young people are becoming more and more mobile. Can it be easier to resolve marriage issues?" Miss Yao was very puzzled.
Cooling-off period for divorce registration
Have you run more "injustices"
It is not the first time that netizens have strongly called for "marriage registration to be conducted nationwide."
As early as 2018, netizens posted a message on the government's website: "I hope to open up marriage registration in different places and accelerate the promotion of national networking of registration information." At that time, the Ministry of Civil Affairs also replied that the national marriage registration information system has achieved national networking.
However, when marriage registration can be implemented nationwide, what are the specific difficulties and how should it be overcome?
None of these seem to have very clear answers.
A grass-roots staff member told a reporter from the Rule of Law Daily that, on the whole, marriage registration data is complicated. The subjects of marriage registration are diverse. Marriage registration may be in civil affairs departments, township governments, or even embassies and consulates abroad. The statistical workload is very large, and it cannot be sorted out overnight.
In addition, there are historical problems with marriage registration information. There are huge historical information supplementary records, such as vague information, incorrect registration information, and the lack of initiative of the parties to correct the information. It is also difficult to carry out the reissuing of marriage certificates.
In the interview, some members of the public also raised such a question-with the formal implementation of the Civil Code on January 1, 2021, a "cooling-off period" will be added to the registration of divorce in marriage registration.
Does this mean that in the future, couples who are divorced by agreement must go to the Civil Affairs Bureau twice to go to the Civil Affairs Bureau to register for divorce in the Civil Affairs Department at least within two months?
However, in the current situation that it is still not "nationally applicable", for those divorced men and women who live and are not in the place of household registration, does this indicate that the time for divorce registration and the cost of "running" will greatly increase ?
Hao Jia, an associate professor at the School of Civil and Commercial Law of Northwest University of Political Science and Law, told the reporter of "Rules of Law Daily": "A divorce by agreement should first go to the marriage registration authority to apply for divorce. Thirty days after the marriage registration authority receives the divorce registration application, it is well known. Cooling-off period. During this period, any party unwilling to divorce can unilaterally file an application for withdrawal of divorce registration to the marriage registration authority."
According to Hao Jia, the "cooling-off period" has expired, and another 30 days has been set up in the procedure, that is, the period of formal divorce procedures. According to the provisions, during this period, "both parties shall go to the marriage registration authority to apply for the Give a divorce certificate "if you have not applied, it shall be deemed to have withdrawn the application for divorce registration." This provision gives the parties 30 days to apply for the certificate, and the parties can choose to go through the divorce procedures at any time within the period according to their own circumstances.
At the same time, during this period, the parties are still allowed to go back, that is, if they do not want to get a divorce, or the two parties cannot reach an agreement, they can completely “ignore the (divorce application)” and not continue to apply for a divorce certificate, which will be legally The application for divorce registration is deemed to have been withdrawn.
From this perspective, the new regulations of the Civil Code provide the parties with adequate procedural protection, which is also the embodiment of the freedom of divorce in the cooling-off period clause.
Many provinces have been deployed
Remove obstacles and let go of restrictions
A reporter from the Rule of Law Daily noted that the “Guiding Opinions of the General Office of the State Council on Accelerating the Promotion of "Inter-provincial Administration" of Government Affairs Services" published in September this year on the China Government Website has given specific details on the "inter-provincial administration" of marriage registration. schedule.
Among them, marriage registration strives to fully implement the nationwide "cross-provincial administration" in marriage registration agencies above the county level by the end of 2025.
Recently, Sichuan, Jiangxi, Guizhou and other provinces have successively issued documents to deploy and implement the above-mentioned guidance opinions of the State Council.
In addition, Zhejiang Province has taken the lead in the country to carry out the "provincial administration" for marriage and divorce registration for inland residents; the Fujian Provincial Online Office has also launched the "interprovincial administration" service area, and the "interprovincial administration" of Fuding City and Cangnan County The “provincial administration” business covers one item of marriage registration.
Some commentators pointed out that the opening of these pilot businesses and direct access zones will undoubtedly accumulate experience, explore paths, and lay a solid foundation for the nationwide general office of marriage registration.
From the continuous development of the city-wide communication to the first attempt of cross-provincial communication, it is actually an inevitable requirement for the coordinated promotion of cross-domain governance and the meaning of modern city management.
It is understood that at the local NPC and CPPCC in 2020, some local CPPCC members proposed that they should start by breaking the system barriers and conditionally liberalize the geographical restrictions on marriage registration to make services more convenient for the people.
The above-mentioned grass-roots staff interviewed by the "Rules of Law Daily" also said that it is possible for marriage registration to be established nationwide in the future, and related work is already being actively carried out in some places.
It is very necessary to break through the data barriers, but the establishment of a marriage information database is risky, and it also lacks financial support.
Technical problems are relatively easy to solve, but it is still a challenge to achieve accurate information restoration and information security through inter-departmental cooperation.
“The national generalization of divorce registration must be a work that can only be advanced after the national generalization of marriage registration is mature. In the short term, this demand is still not fulfilled, and top-level design is still needed,” said the grassroots staff.
Many comments have also pointed out that to promote the realization of "national marriage registration" as soon as possible is not only a sufficient and reasonable necessity, but also a very realistic urgency, but also a necessary supporting measure for the implementation of the divorce "cooling-off period" system.
"Even if marriage registration is implemented across the country, it should be standardized. The divorce process cannot span two regions with one agreement. This will lead to confusion. My understanding is that where the application for divorce registration is filed, the procedures for the issuance of the certificate should be Where to do it." Hao Jia said.