How does the law of China stipulate early marriage and childbearing, how to punish it, and how much is the fine?

Notice of the General Office of the State Council on Forwarding the Opinions of the Ministry of Civil Affairs and Other Departments on Strengthening Marriage Management and Stopping Early Marriage and Childbearing

valid period

Promulgated by the General Office of the State Council

Release date: 1992.09. 12

Effective timeliness

Implementation date: 1992.09. 12

Text notification

People's governments of all provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions and institutions directly under the State Council:

The Opinions of the Ministry of Civil Affairs, the State Family Planning Commission, the Ministry of Public Security, the Ministry of Justice, the All-China Federation of Trade Unions, the Central Committee of the Communist Youth League and the All-China Women's Federation on Strengthening Marriage Management to Stop Early Marriage and Early Childbearing have been approved by the State Council and are hereby transmitted to you. Please implement it according to the actual situation in this area.

Opinions on strengthening marriage management to stop early marriage and childbearing (abstract)

The State Council:

Since 1980s, the phenomenon of early marriage and early childbearing in rural areas of China has become more and more serious, which not only increases the number of people born, intensifies many contradictions in the birth peak, but also shortens the intergenerational interval of population, affects population control in the next century and harms future generations. Early marriage and childbearing are not conducive to the physical and mental health of women and children and affect the improvement of the quality of the whole nation. In some remote areas, early marriage and childbearing have also induced some bad customs, such as ordering "early marriage". This situation needs to be changed urgently.

There are many reasons for early marriage and childbearing, which are not only related to the relative backwardness of rural economy and culture, but also directly related to the weak marriage management. Mainly: First, the relevant laws lack specific provisions. In the current marriage law and marriage registration method, there are no specific measures to deal with illegal early marriage, which makes grassroots people feel that there is no basis to follow when investigating early marriage, and it is difficult to investigate and deal with it according to law. Second, many towns and villages across the country lack personnel in charge of marriage management. Daily marriage registration is often handled by temporary personnel and cannot be relatively fixed. Even the prescribed registration time cannot be guaranteed, and it is even more powerless to prevent early marriage and early childbearing. Third, without special funds, the propaganda, education, investigation and statistics, training and assessment necessary to stop early marriage and childbearing cannot be carried out, and many township marriage registration offices lack basic workplaces and office conditions.

The "Eighth Five-Year Plan" period is the peak of marriage and childbirth in China. Resolutely stopping early marriage and childbearing, and vigorously promoting late marriage and childbearing are important measures to achieve China's population control goals and economic development goals. To this end, we suggest:

First, governments at all levels should raise awareness and earnestly strengthen their leadership over marriage management. From the strategic height that whether to strictly control population growth is related to the rise and fall of a nation, we should understand the importance and urgency of strengthening marriage management and stopping early marriage and early childbearing, correct the phenomenon of ignoring marriage management in some places, overcome the confused understanding that "early marriage is not the same as having more children", and regard marriage management as the "first line of defense" to implement the basic national policy of family planning and control population growth. Governments at all levels should study, examine, summarize and evaluate the family planning work together with the marriage management work, and really put this work on the agenda. Governments at all levels should pay attention to various practical difficulties in rural marriage management, implement funds and workplaces, and ensure the normal development of marriage management. Civil affairs departments at all levels, as the functional departments of marriage management, should always report to government leaders, reflect problems and make suggestions, and earnestly do a good job in marriage registration management.

Two, in-depth and sustained development of the "Marriage Law" and prohibit early marriage and childbearing, and promote late marriage and childbearing. In the annual New Year's Day, Spring Festival wedding peak, local civil affairs, justice, family planning, trade unions, the Communist Youth League, women's federations and other relevant departments should closely cooperate under the unified leadership of the government and adopt various forms to focus on publicity and education. In the rural "Twelfth Five-Year Plan" publicity activities, it is necessary to highlight the publicity of the marriage law, especially in areas where the phenomenon of early marriage and early childbearing is more serious, and make great efforts to do a good job in publicity and education, so that the marriage law and related laws and regulations are well known. Propaganda, education, health and culture departments should actively cooperate with this work.

The publicity of marriage law should be regular. Marriage registration authorities and family planning departments should actively carry out pre-marital education, publicize marriage legal knowledge, publicize family planning policies and popularize relevant scientific knowledge to unmarried young people and marriage parties. Through publicity and education, let the masses truly realize that early marriage and early childbearing are prohibited by the state, which is not conducive to the physical and mental health and growth of young people, and is also not conducive to prenatal and postnatal care and population control. Appropriate late marriage and late childbearing is a patriotic act strongly advocated by the state, which improves people's legal awareness of marriage issues and regulates their marriage and childbearing behavior according to law.

Three, strict marriage registration, management according to law. All localities should adhere to ideological education and resolutely stop early marriage and childbearing by legal, administrative and economic means according to the actual situation in the region and the marriage law. It is necessary to guide the masses to write the prohibition of early marriage and early childbearing and the promotion of late marriage and late childbearing into village rules and regulations, and promote marriage management with the power of moral norms.

The marriage registration authority shall handle the marriage registration in strict accordance with the law and put an end to illegal registration. If a marriage registration manager takes advantage of his work to register a marriage for a person who does not meet the conditions for marriage, once he is found, he will be given disciplinary action and his marriage registration will be revoked. Those who cheat marriage registration by fraud, and those who are directly responsible for providing other convenient conditions for others to get married early, should also be severely dealt with. At the same time, it is strictly forbidden to use hitchhiking fees and additional conditions for marriage registration. If there is such a situation, the local government should resolutely stop it, and the marriage registration manager has the right to refuse to implement it, and earnestly safeguard the legitimate rights and interests of the people in handling marriage registration. In some places, through publicity and education, people can sign late-childbearing contracts with newlyweds on the basis of their voluntary participation after marriage registration, so as to promote their late-childbearing.

Township governments should strengthen the supervision and management of people's marital behavior, especially in some areas where early marriage and childbearing are serious. Under the unified leadership of the government, organize forces to conduct an inspection every year to correct the behavior of early marriage and childbearing, so that the masses can receive practical education in marriage law.

Fourth, do a good job in comprehensive management of early marriage and childbearing. Resolutely stop early marriage and childbearing, and vigorously advocate late marriage and childbearing, which requires the close cooperation of all relevant departments and all sectors of society and the active participation of the broad masses. Therefore, governments at all levels should pay attention to organizing and coordinating the relationship between relevant departments, clarify their respective responsibilities, and do a good job in marriage management. Civil affairs departments should actively strive for the support of relevant departments, and all relevant departments should actively cooperate. If you need to move your household registration because of marriage, you must hold a marriage certificate before the household registration authority can handle it. When applying for fertility indicators due to marriage, the family planning department should check the marriage certificate before making arrangements. Early childbearing should be punished according to local family planning laws and regulations. Young people who voluntarily marry late and have children late can get rewards according to their own situation.

Rural grass-roots political organizations should shoulder the responsibility of marriage management and lead the masses to actively carry out activities to change customs in the field of marriage. Leading cadres at all levels should model the implementation of the marriage law, take the lead in not marrying early and bearing children early, and consciously practice late marriage and bearing children late; They should educate their children and relatives and actively do a good job in the ideological work of the masses. Villagers' committees should strictly check the age of marriage applicants, and only those who have reached the legal age for marriage can issue proof of marital status. Trade unions, * * * Communist Youth League, women's federations and other mass organizations should give full play to their own advantages and actively cooperate with the mass work such as publicity and education, organization and mobilization to strengthen marriage management. Mass organizations, such as wedding and funeral councils and family planning associations in rural areas, should actively assist government departments to stop early marriage and childbearing and advocate late marriage and childbearing. Through in-depth and meticulous persuasion and education and warm and thoughtful service, we will help the masses change their outdated concepts of marriage and childbearing. It is necessary to stop early marriage and childbearing as an important part of mass activities to create socialist spiritual civilization, mobilize the masses to actively participate, and combine them with activities such as selecting "civilized villages", "civilized households" and "five good families" to form multi-level and multi-directional marriage management support from society to family.

Five, strengthen the construction of marriage management team. Marriage management involves a wide range, is difficult and has heavy tasks, but the present situation of the marriage management team in the civil affairs department does not adapt to the tasks undertaken. Governments at all levels should pay attention to solving the problem of non-professional posts and frequent transfer of grassroots marriage registration managers, strive for full-time personnel to engage in marriage management, maintain the stability of the team, and actively create conditions to improve the quality of marriage registration managers to meet the requirements of specialization. This is the organizational guarantee for doing a good job in marriage management in strict accordance with the law, so that early marriage and early childbearing can be effectively controlled.