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Beijing Marriage and Family Lawyer: Legal Interpretation of Several Aspects of the "Marriage Registration Measures"

Guide: Both men and women who voluntarily marry, divorce or remarry must register their marriage in accordance with these measures. The lawful rights and interests of marriage parties who perform registration according to law are protected by law. If a man and a woman voluntarily marry, they must apply for marriage registration in person at the marriage registration authority where the hukou is located.

Beijing Marriage and Family Lawyer: Legal Interpretation of Several Aspects of the "Marriage Registration Measures"

Combining with the relevant laws and regulations of China ’s marriage law and following the legal system of freedom of marriage and equality between men and women, the Ministry of Civil Affairs of China has promulgated the “Regulations on Marriage Registration”, the specific content of which is introduced by lawyers of marriage and family disputes.

北京婚姻家庭律师

relevant regulation

Article 1. These measures are formulated in accordance with the relevant provisions of the Marriage Law of the People's Republic of China to ensure the implementation of the marriage system of freedom of marriage, monogamy, and equality between men and women, protect the legitimate rights and interests of marriage parties, and prevent violations of the marriage law.

Article 2: Voluntary marriage, divorce or remarriage between a man and a woman must be registered in accordance with these Measures. The lawful rights and interests of marriage parties who perform registration according to law are protected by law.

Article 3. The marriage registration authority is the people's government of the township, nationality township, or town in the countryside, the street office or district people's government in the city, and the municipal people's government without districts.

Article 4 If a man and a woman voluntarily marry, both parties must apply for marriage registration in person at the marriage registration authority where the hukou is located. When applying, you should hold your resident identity card or household registration certificate, and a certificate issued by your unit or village committee (resident committee) stating your birth date and marital status (unmarried, divorced, widowed). When applying for remarriage from a divorce, you should also hold a divorce certificate.

Article 5 The marriage registration authority understands that upon review, those who meet the requirements of the Marriage Law and these Measures shall be permitted to register and issued a “Marriage Certificate”; Publicity and education. When a marriage applicant fails to obtain the required certification due to interference by the unit or others, the marriage registration authority shall also confirm registration and issue a "Marriage Certificate" if it finds that it is in compliance with the Marriage Law and these Measures.

No registration

Article 6 Marriages or parties applying for marriage are prohibited from registration in one of the following circumstances: (1) those who have not reached the legal marriage age; (2) involuntary; (3) those who have a spouse; (4) ) Those who belong to the direct lineage and the collateral lineage within three generations; (5) Those who have not been cured of leprosy or sexually transmitted diseases.

Divorce procedure

Article 7: If a man and a woman voluntarily divorce and reach an agreement on child support and property disposal, both parties must apply for divorce registration in person at the marriage registration authority where the household registration is located. When applying, you should hold a resident identity card or household registration certificate and a Marriage Certificate. The marriage registration authority finds out that the situation is true and should grant registration, issue a Divorce Certificate, and withdraw the Marriage Certificate. Marriage registration authorities will not accept a request for divorce, or if both parties request a divorce, but no agreement has been reached on child support and property disposal.

Article 8 After the divorce, if both men and women voluntarily resume their husband-wife relationship, both parties must personally go to the marriage registration authority where the household registration is located to apply for remarriage registration. The marriage registration authority handles the registration in accordance with the marriage registration procedure, issues a "marriage certificate", and retracts the "divorce certificate".

Article 9 Men and women applying for registration of marriage, divorce or remarriage shall provide truthful information about the information that the marriage registration authority must understand.

If the marriage registration agency finds that the marriage parties have violated the marriage law, or fraudulently obtained the marriage certificate during registration, it shall declare the marriage invalid, withdraw the fraudulent marriage certificate, and provide criticism and education to those responsible. Anyone who violates the criminal law shall be investigated for criminal responsibility by the judicial organs according to law.

Article 10 The marriage registration authority shall keep the marriage registration archives in accordance with the archives management regulations. The marriage registration authority may issue a Certificate of Husband and Wife Relation or a Certificate of Dissolution of Husband and Wife to those who have lost their Marriage Certificate or Divorce Certificate according to the marriage registration file. The two certificates mentioned above have the same legal effect as the Marriage Certificate or Divorce Certificate. The marriage registration authority may also issue a certificate of registration of marriage (divorce, remarriage) to the marriage party according to law to the public security, judicial and other authorities that need to know the situation based on the marriage registration file.

Beijing marriage and family lawyer charges

》的式样,由民政部统一制定;由省、自治区、直辖市人民政府统一印制;由县、市辖区或不设区的市人民政府加盖印章。 Article 11 The forms of the Marriage Certificate, Divorce Certificate, Certificate of Husband and Wife Relationship, and Certificate of Dissolution of Husband and Wife Relationship are uniformly formulated by the Ministry of Civil Affairs; printed by the people's governments of provinces, autonomous regions and municipalities; The people's governments of counties, municipalities, or municipalities without districts are stamped. The "Marriage Certificate" and "Couple Relationship Certificate" must be affixed with a photo of both men and women, and stamped with a special seal for marriage registration (steel seal). Marriage registration authorities charge a production fee when they issue a Marriage Certificate, a Divorce Certificate, or a Certificate of Husband and Wife Relationship and a Certificate of Dissolution of Husband and Wife Relationship.

Marriage registrar

Article 12 The registrar of the marriage registration organ shall be a person who has undergone professional training, has passed the examination, and obtained a marriage registrar certificate. In the process of marriage registration, if the marriage registrar is allowed to register without registration or is not allowed to register according to law, he shall be given critical education or administrative sanctions according to the circumstances of the case; if he violates the criminal law, he shall be investigated by the judicial organ criminal responsibility.

Ethnic autonomous area

Article 13. If certain provisions of these Measures are not applicable to marriage registration in ethnic autonomous areas, some flexible or supplementary regulations may be formulated in accordance with the principles of these Measures and the specific circumstances of local ethnic marriages, and reported to the people's government at a higher level. And the Ministry of Civil Affairs, the National Ethnic Affairs Commission for the record.

Register with foreigner

Article 14 The registration of marriage between Chinese citizens and foreigners, the registration of marriages between overseas Chinese and domestic citizens, Hong Kong and Macao compatriots with mainland citizens, shall be in accordance with the "Several Provisions on Registration of Marriage between Chinese and Foreigners" and Several Regulations on Registration of Marriage between Hong Kong and Macao Compatriots and Mainland Citizens.

Article 15 These Measures shall be implemented as of the date of promulgation. The "Marriage Registration Measures" promulgated on November 11, 1980 were abolished at the same time.

:分享http://prodaisy.com/flfg/3113.html的关于《婚姻登记办法》几个方面的法律解释的内容信息,希望这些内容对您有所帮助,如有关于离婚登记司法解释,婚姻登记办法法规、婚姻登记家庭纠纷法规,相关的疑问也可在线咨询北京离婚律师网的专业离婚诉讼律师。 The above content is the Beijing Marriage and Family Lawyer : Share the content and information about the legal interpretation of the “Marriage Registration Measures” in http://prodaisy.com/flfg/3113.html. If you have any questions about judicial interpretation of divorce registration, marriage registration rules and regulations, marriage registration and family dispute regulations, you can also consult the online professional divorce lawyers of Beijing Divorce Lawyer Network.

Article transferred from Baidu Encyclopedia: http://baike.baidu.com/item/Marriage Registration Measures / 4450193? Fr = aladdin

Tags: Beijing Marriage and Family Lawyer

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