On The Norm Application And Improvement Of Premarital Examination System In China

The compulsory premarital medical examination system was abolished in the marriage registration regulations in 2003.The main reason is that the function of the system is defined as the policy objective of "realizing the eugenics and good breeding under the family planning framework".The current "maternal and child health care law" and many local implementation regulations also deliberately emphasize this social function of premarital examination system.However,from the perspective of protecting the legitimate rights and interests of the two parties to be married,the premarital examination system can play a certain role in ensuring "good birth and good birth,reducing the defect rate of newborns".However,the most important social function of the system is to protect the right to know and the right to health of the prospective spouse,so as to realize the freedom of marriage under the basis of information symmetry and protect citizens "The real realization of freedom of marriage" does not lie in other aspects.In order to analyze this problem more comprehensively and systematically,the first part of this paper discusses the conflict of legal norms brought about by the change of premarital examination system,the sharp decline of premarital examination rate and the rise of birth defects rate of newborns,and the difficulty of properly solving judicial disputes.he second part analyzes the constitutionality from three aspects:the protection of the right to freedom of marriage,the right of life and health of the prospective spouse,and the realization of eugenics and good childbirth,demonstrating the necessity of premarital medical examination as the pre procedure of marriage registration.The third part demonstrates that the current Premarital Check-up System in China is still a compulsory standard through the literal meaning and system interpretation method.The promulgation of the marriage registration regulations in 2003 has not changed the premarital examination system.The current "voluntary" premarital examination system is a misreading and wrong application of the premarital examination system.The fourth part,based on the analysis of the first three parts,explores the construction of the legal system of premarital examination based on the protection of the right to know of the prospective spouse.