In China's mainland, people who plan to marry have to prove their
single status by presenting their ID card,
hukou (household
register) book and a "unit" recommendation to the civil affairs
department. This procedure will now be streamlined. The compulsory
unit recommendation may no longer be necessary. In the near future,
it will only be necessary to present an ID card and
hukou
book to marry the love of one's life.
With the advent of new marriage laws, the civil affairs department
made some amendments to the Regulations Governing Marriage
Registration. Now the draft amendment has been handed over to the
State Council for examination and approval. The aim of the
amendment is to "simplify the procedure" and protect the privacy of
couples. While drafting the amendments, discussions on who shall be
responsible for the proof of marriage and whether unit
recommendation letters are necessary for marriage and divorce will
be talked about.
The Regulations Governing Marriage Registration, released in 1994,
demanded that marriage registration could only take place once both
parties presented proof of their marital status, supplied by their
respective units, to the civil affairs department. However, this
regulation was not supported by either the Marriage Law or Civil
Procedure Law. Also, it blurred the legal responsibility between
individuals and units. A unit could not be held ultimately
responsible for the marriage of couples. With social and economic
developments, the conception of a unit is becoming increasingly
vague. People who do not belong to any particular unit may
encounter problems, and some people have been known to forge unit
documents. It is actually quite difficult to ensure the
authenticity of the unit recommendations. Some units even take
advantage of their position in these matters by charging
couples.
A
manager working for the marriage registration department said,
"More and more people are not willing to explore their marital
status with their units and their leaders, especially in cases of
divorce. Some have asked us whether or not they can skip the
procedure altogether."
The core principle of the Marriage Law is "marriage according to
one's own free will." The "free will" includes the freedom to marry
and divorce. At the time the marriage registration department made
the regulations there was a relatively weak concept of privacy.
However, with advancements in the legal system, a marrying couple
may take full legal responsibility for their actions. It is
considered rational and practical to withdraw the role of the unit
from the marriage procedure.
A
director of Guangzhou city's Civil Affairs Bureau said the marriage
registration procedure reforms reflect an increasing trend, and a
national system of management will stamp out any attempts by
authorities to prevent marriages and take advantage of loopholes in
the system.
Less restriction means more freedom of choice. If the unit's
recommendation letters are abandoned, citizens will have more
rights and increasing freedom to become masters of their own
fates.
(china.org.cn by Li Liangdu, November 24, 2002)