"Cross-provincial
administration
" allows new couples to no longer need to run
a two-year pilot program in some areas for marriage registration.
□ Our reporter Zhang Wei
On June 1, Mr. Liu, who is registered in Tianjin City, and Ms. Yang, who is registered in Qinhuangdao City, Hebei Province, received a marriage certificate at the Marriage Registry Office in Lixia District, Jinan City, Shandong Province—this is a pilot project of “cross-provincial administration” of marriage registration After the formal implementation, the first "cross-provincial" marriage certificate was issued nationwide.
Earlier, the State Council issued the "Approval on the Approval of the Trial of Cross-provincial Access to Marriage Registration for Mainland Residents in Certain Areas", and decided to implement the "Cross-Provincial Access to Cross-provincial" pilots for marriage registration and divorce registration in Liaoning, Shandong, Guangdong, Chongqing and Sichuan. In Jiangsu, Henan, Wuhan, Hubei, and Xi’an, Shaanxi, the trial of "cross-provincial administration" of marriage registration was implemented.
The trial period is two years, from June 1, 2021 to May 31, 2023.
Why was this new policy launched?
On what basis is its implementation built?
In order to further understand the causes and consequences of the introduction of this new policy, a reporter from the "Rule of Law Daily" recently interviewed relevant experts.
Interlocutor
Li Mingshun, Secretary of the Party Committee of China Women's University, Vice President of the Chinese Society of Marriage and Family Law, and Professor of Law
Researcher, Institute of Sociology, Chinese Academy of Social Sciences
Ma Chunhua
Associate Dean and Professor, School of Philosophy and Social Development, Shandong University
Cheng Shengli
Tan Fang, deputy director of the Marriage and Family Law Committee of the All China Lawyers Association, and director of Shanghai Jiayujia Law Firm
"Rules of Law Daily" reporter Zhang Wei
dialogue
The population is moving more and more frequently
New marriage registration policy introduced
Reporter: What is the background of the new policy of "cross-provincial administration"? How is it different from the current marriage registration system?
Li Mingshun: For a long time, the parties can only go to the "place of permanent residence" for marriage registration, which can no longer meet the needs of the people.
According to the latest results of the seventh census, the separated population of my country is 492.76 million, of which the inter-provincial floating population is 124.84 million; compared with 2010, the separated population has increased by 88.52%.
It can be seen from this that under the general situation of sustained economic development in my country, population mobility is an inevitable trend and its scale continues to expand. Providing convenient public services for people to live and work better in their places of residence has become the basic function of the government of residence.
Cheng Shengli: The original system of marriage registration in the household registration place of one of the parties has become increasingly unable to meet the requirements of marriage registration in the new era. It provides faster, more efficient and convenient marriage registration services for married and divorced parties whose households are separated. "Inter-provincial administration" or even "national administration" is an inevitable requirement for marriage registration in the new era.
Reporter: Does the "inter-provincial administration" comply with the current laws and regulations?
Li Mingshun: Add the "place of issuing residence permit" to determine that the marriage registration agency complies with the provisions of the Civil Code and the Provisional Regulations on Residence Permits.
According to the provisions of Article 25 of the Civil Code, natural persons use the residence recorded in household registration or other valid identity registration as their residence, indicating that the residence of the civil subject can also be determined by the residence stated in the residence permit.
Tan Fang: Previously, the biggest constraint on marriage registration in different places was the requirement of marriage registration in the place of permanent residence in the "Regulations on Marriage Registration."
The legal prerequisite for the pilot reform of the “cross-provincial administration” is that the State Council issued a special reply to adjust and implement the relevant provisions in the “Regulations on Marriage Registration” for the pilot areas. “Both parties shall jointly report to the marriage registration office in the place where one party’s permanent residence is registered. ", adjusted to be able to register at the "residence permit issuance place" or "choose the location of the permanent residence of one party". This specific adjustment in the implementation of administrative regulations is within the scope of the State Council's powers, and it is also provided for registration by the marriage registration agency in the place of residence. The legal basis.
The voice of the masses continues to rise
Inter-provincial communication came into being
Reporter: What are the current favorable and unfavorable factors for the implementation of this new policy?
Ma Chunhua: The "cross-provincial administration" of marriage registration by the Ministry of Civil Affairs is an important measure to improve the modernization of the national governance system and governance capabilities.
Although the reform is very difficult because of the various aspects involved, the feasibility of implementing the pilot program of "inter-provincial administration" is becoming more and more mature.
At present, favorable factors are mainly reflected in three aspects: First, various related policies have set clear requirements. The Party Central Committee and the State Council have issued a series of documents to deepen the reform of "delegation, management, and service", focusing on exploring and innovative practices in government service reforms. , To enhance the convenience of government services and the sense of acquisition by the masses, and create a service-oriented government that satisfies the people.
The second is that the construction of the support system is becoming more and more perfect. The marriage registration information management system has achieved a national network. The Ministry of Civil Affairs, the Ministry of Public Security, the Supreme People’s Court and other departments have achieved positive results in information sharing, and the level of intelligence in marriage registration has been continuously improved. These are all "trans-provincial The "General Office" provides the foundation for informatization construction.
The third is the exploration of marriage registration in some regions in the early stage of "inter-provincial administration" and "inter-provincial administration", which has accumulated rich and effective experience for this "inter-provincial administration" pilot. The "inter-provincial administration" authorized by the State Council this time The pilot areas of "General Administration" are all places with relatively mature conditions.
At the same time, there are two challenges.
First of all, the pilot implementation will bring challenges to marriage registration agencies.
For first- and second-tier cities with a large number of migrants and migrants, the number of people who register for marriage or divorce on the spot will increase sharply, and the carrying capacity of these local marriage registration agencies will be tested.
Secondly, the "cross-provincial administration" involves many links, and the actual problems are complicated.
To achieve "cross-provincial administration", not only the communication and cooperation of different departments such as the Ministry of Civil Affairs and the Supreme Law, but also the cooperation of marriage registration agencies in various regions are required.
Under the cooperation of multiple departments, how to ensure the information security of marriage registration data is also an issue that needs to be considered.
Tan Fang: Thanks to the efforts of the civil affairs department for many years, the national marriage registration information system has been networked across the country, and there is a certain feasibility foundation for cross-provincial marriage registration.
First-tier cities such as Guangzhou and Shenzhen have also launched cross-regional marriage registration trials and have accumulated certain experience.
Coupled with the continuous development of society and the ever-increasing frequency of population movements, the voices of groups who have lived outside their household registration areas for more convenience have continued to rise.
The launch of the “cross-provincial administration” pilot program not only has a mass basis, has a realistic basis, and has a greater possibility of realization.
Promote the pilot work solidly
Vigorously improve service levels
Reporter: How do you think about the meaning of "inter-provincial administration"?
Ma Chunhua: Regardless of whether it is marriage registration or divorce registration, it is an important livelihood matter of public concern and social concern, and it is also a civil service that is directly oriented to the public and socially influential.
Marriage registration is a basic public service, and it is an inevitable trend of social development to cover the registered population to the permanent population.
This pilot project is a move to benefit the people based on the current social and national conditions, and it is also a livelihood project that "is urgently needed by the masses".
Cheng Shengli: Marriage is a major event in life.
Marriage registration is not only related to the legality of marriage and divorce, but also related to the regulation and adjustment of social and property relations related to marriage. It is self-evident for the happiness and happy life of both parties to the marriage.
Whether the civil affairs department, as the marriage registration agency, can provide the people with standardized, fast and satisfactory marriage registration services is directly related to whether the people's yearning for a better life can be satisfied.
Li Mingshun: The pilot "Cross-provincial universal service" is more pragmatic in terms of policy advancement. I hope that the civil affairs department can accumulate experience in the pilot area to lay a solid foundation for the future implementation of "national universal service" and better serve the parties to marriage registration and social and economic development. .