婚姻登记程序与行政法理念的更新

Procedure of marital registration and innovation of Administration Law

文章以新的《婚姻登记条例》与旧的《婚姻登记管理条例》之立法区别为视角,揭示了婚姻登记制度变革后面的行政法理念更新。文章认为,行政法由管理本位向服务本位的迁移、权利自主与权力谦抑、行政的人性化与程序的正当化是决定婚姻登记制度变革的基本理念,也是引领我国行政法律制度进一步创新的基本方向。

The paper throws light on the innovation to the idea of administration with the implementation of a reform to the former marital registration administration from the perspective of the differences between the former Marital Registration Act and the Administration of Marital Registration Act. The paper comes up with the conclusion that the reform made to marital registration administration act is fundamentally attributed to the idea making the administration law from being administration-oriented to service-oriented, and right autonomy and power constraint, humane administration and standard procedure, which will be likely to serve as the pace-setter of future innovation to our national institution.