Whether premarital check ups are mandatory or voluntary

Conflict of laws and regulations:

Should marriage testing be voluntary or mandatory?

There has been a dispute for 20 years.

Article 9, paragraph 3, of the 1994 Regulations on the Administration of Marriage Registration stipulates that "where premarital health examinations are conducted, the parties applying for marriage registration must undergo premarital health examinations at designated health care institutions and submit a certificate of premarital health examinations to the marriage registration authorities." Article 12 of the Maternal and Infant Health Care Law, enacted in the same year, stipulates that "both a man and a woman shall hold a premarital medical examination certificate or a medical appraisal certificate when registering their marriage." ”

The compulsory marriage examination system has changed as article 5 of the Marriage Registration Regulations promulgated in 2003 no longer requires the parties applying for registration of a marriage to submit a pre-nuptial medical examination.

As to the reason why the "Marriage Registration Regulations" did not make premarital medical examination mandatory, the civil affairs department said at that time that the "diseases that are medically considered unsuitable for marriage" stipulated in the original Marriage Law had not been clarified, and the marriage registration authorities could not determine whether the person involved in the marriage was suffering from an illness that should not be married and whether it could be registered. At that time, the premarital medical examination was not targeted, there were many examination items, and the fees were high, which also caused the masses to react strongly.

After the 2017 revision of the Maternal and Infant Health Care Law, it still retains the content that "both men and women shall hold a premarital medical examination certificate or medical appraisal certificate when registering marriage". This has led to a 20-year-long conflict between the Marriage Registration Regulations and the Maternal and Child Health Care Law since 2003 on the issue of whether or not to conduct compulsory marriage examinations.

The Heilongjiang Provincial Regulations on Maternal and Child Health Care passed by Longjiang Province in 2000 have undergone several amendments, retaining the mandatory marriage inspection clause. However, a few days ago, the Red Star News reporter called the marriage registration authorities in many places in Heilongjiang**, and the staff said that marriage registration no longer needs to carry a marriage inspection certificate.

In response to the legal controversy over the "compulsory premarital medical examination system", the research group submitted the "Proposal on Filing and Review of Article 5 of the Marriage Registration Regulations" to the Legislative Affairs Commission of the Standing Committee of the National People's Congress in May 2021. This filing review proposal has been valued by the Legislative Affairs Committee of the Standing Committee of the National People's Congress. On December 21, 2021, Shen Chunyao, director of the Legislative Affairs Commission of the Standing Committee of the National People's Congress, responded to the "Report on the Status of the Filing and Review Work in 2021" to the Standing Committee of the National People's Congress, stating that it would "promote the timely revision and improvement of relevant laws and regulations in accordance with the spirit of the Civil Code".

A marital examination is a physical examination of both parties to a marriage, with the purpose of detecting and preventing problems such as premarital infectious diseases, genetic diseases and sexually transmitted chiropractic diseases, and reducing the possibility of health problems after marriage.

The implementation of the marriage test should be voluntary, because everyone should have the right to control their own body and decide what kind of test and ** they receive. If the marriage test is enforced, it will deprive individuals of their autonomy, violate the principles of human rights and freedoms, and may cause social discontent and controversy.

In addition, the results of the marital examination may also have an impact on the relationship between the parties to the marriage, and if one of the spouses is found to be carrying a disease or genetic disease, it may cause the other spouse to hesitate and make choices, and the marriage may be affected as a result. Therefore, the implementation of the marriage examination should be based on the principle of voluntariness, and both parties to the marriage should fully understand the meaning and purpose of the marriage examination and decide whether to accept the marriage examination for their own reasons.

While the purpose of a marriage test is positive, a mandatory marriage test is inappropriate for the following reasons:

First, compulsory marriage testing violates the individual's right to autonomy and freedom. Everyone has the right to decide on their own body and health, and if the marriage test is mandatory, then the individual loses the right to control his own body, which is contrary to the principles of human rights and freedoms.

Secondly, the results of the marital examination may have an impact on the relationship between the parties to the marriage, and if one of the spouses is found to be carrying a certain disease or genetic disease, it may cause the other spouse to hesitate and make choices, and the marriage may be affected as a result. In this case, if the marriage test is mandatory, it may cause more contradictions and unnecessary harm.

Finally, compulsory marriage inspections can also lead to social discontent and controversy. If the marriage inspection is mandatory, it may cause disgust and dissatisfaction among some people, and this dissatisfaction and resentment may lead to more social conflicts and problems.

Therefore, the wild skin marriage examination should be voluntary, and both parties to the marriage should fully understand the meaning and purpose of the marriage examination and decide whether to accept the marriage examination or not.

The advantages and disadvantages of voluntary and compulsory marriage testing are as follows:

Voluntary Marriage Inspection: Advantages:

Respect the right of the parties to the marriage to make their own choices, and do not impose mandatory requirements on the parties to the marriage.

For people in better health, a marriage examination will not waste time and money.

Adequate health education can be carried out before the marriage examination, so that both parties in the marriage can understand the importance and benefits of the marriage examination, and improve the early participation rate of the marriage examination.

Disadvantages: Since the marriage examination is voluntary, some people may neglect the health examination, resulting in the potential disease of the celebration of hunger is not detected in time.

There may be some chronic diseases, such as hepatitis and AIDS, etc., which may pose health risks to the other parent due to the long incubation period of the virus and the absence of a marriage test.

Both parties to the marriage may be reluctant to undergo the marriage examination due to personal privacy and other reasons, resulting in some infectious diseases not being effectively controlled.

Compulsory Marriage Inspection: Pros:

It helps to control the spread of infectious and genetic diseases, and to ensure the health and family happiness of both parties to the marriage.

For some areas or groups with a high incidence of diseases, the screening rate of diseases can be improved, and diseases can be detected in time.

It can be effective in reducing the morbidity and mortality of certain diseases.

Compulsory marriage testing will increase the burden on society and require a lot of time, manpower and financial resources.

Compulsory marriage inspections may reduce the participation rate of marriage registration and cause social instability.

For the issue of marriage examination, it should be carried out voluntarily. Marriage inspection is a kind of socialist spiritual civilization construction action, which should be based on the principle of voluntariness, negotiated by the two parties and their families and other factors, respect the wishes of the parties, and safeguard the freedom of marriage. Only when the parties agree to the marriage inspection and clearly agree to participate in it, can the marriage inspection work be carried out.

In addition, the marriage examination is also an effective means to ensure the legitimacy of the marriage relationship of the parties, which can ensure the legality and validity of the marriage relationship. Therefore, the marriage examination should be voluntary and cannot be mandatory for the parties.

The issue of marriage examination has been changed to voluntary in 2003, so whether to do it or not is completely up to your own will.

Marriage inspections should be voluntary, not mandatory.

The purpose of the marriage check is to check the physical health of both parties before marriage and prevent health problems and genetic diseases that may occur during marriage. Although marriage testing can play a preventive and protective role, mandatory marriage testing may infringe on personal privacy and freedom, and cause damage to personal autonomy. In addition, mandatory marital testing can also lead to premarital fears and psychological stress, which can have a negative impact on the couple's feelings and marital relationships.

On the contrary, voluntary marital testing is a better option. If both parties to a marriage voluntarily undergo a marriage examination, they can understand their physical condition so that they can make better decisions and plans in the marriage. In addition, voluntary marital check-ups can also enhance communication and trust between couples, which can help strengthen marital relationships.

At the same time, the marriage examination should protect privacy and avoid divulging the personal information of both parties to the marriage.

In short, the marriage inspection should be voluntary. Although marital examinations are helpful for the health and marital relationship of couples, mandatory marital examinations can undermine personal autonomy and privacy. Voluntary marital examinations can better protect individual rights and marital relationships.

I think it should be voluntary.

1. The current marriage is not as accommodating as before, and it is based on free love, and there will be a period of time to get along. I still know each other better, if both parties agree, in fact, the marriage inspection is the same and not to do. In the era of free love, after all, a marriage certificate can only prove whether you are husband and wife.

2. If the other party regrets and has doubts about each other, after the two of them have discussed, they can conduct a marriage inspection first.

I'm more of a coercive person.

What are the reasons?

1. Everyone must have the right to know. Knowing some things is more reliable than knowing in the middle of the way, and you will feel much more comfortable inside.

2. Mandatory physical examination, if there is a problem in the future. Advance for both husband and wife**. It's like buying and selling.

Buying and selling is not benevolent. If you learn in advance that you are still married, you can also avoid a quarrel or even divorce when you find out later. Reduce the divorce rate.

3. Early detection and early detection. Because under normal circumstances, we don't do inspections related to marriage inspections. It is only during the marriage examination that we will consider doing this examination. So in this examination, we can detect it early.

4. It is convenient for both husband and wife to put their hearts in their stomachs.

At present, I think of several reasons for the lack of a group.

Hello: I think the marriage examination should be voluntary, because although the marriage examination is responsible for both parties, but the premise is that both parties are voluntary.

So I think the marriage inspection should be voluntary!

First, marital testing is an important supportive policy designed to encourage serious communication between couples about their premarital sexual health status and to promote healthy marital relationships. Therefore, it is carried out in a voluntary manner by nature, and each couple who is ready to marry can choose whether or not to undergo a marriage examination, rather than being compulsory. This will not only help avoid unnecessary friction, but will also help to maintain the autonomy of both spouses.

Second, the enforcement of marriage inspection can have a series of adverse effects. On the one hand, since marriage inspection is still a relatively new concept in China at present, many couples who are planning to get married may not know enough about it, and it is difficult to make the right decision, and the enforcement of marriage inspection will bring pressure to them, and this pressure will affect the effectiveness of the marriage examination itself. On the other hand, since the marriage examination is a private examination, witnessing the sexual health status of both parties may affect the privacy of the couple to a certain extent, and if enforced, it may cause unnecessary pain and adverse effects.

In summary, marriage testing should be voluntary rather than mandatory. Both parties should enhance their understanding of the marriage examination, and both husband and wife should look at it rationally to avoid unnecessary pain and loss. In addition, it is also the responsibility to strengthen the publicity of the marriage examination program to increase people's awareness of the marriage examination.

It should also be effectively prevented and managed to ensure the effectiveness of the marriage inspection process, which helps to better protect the safety of the newlyweds. In addition, the enactment and implementation of laws on marriage examination should be strengthened to protect the rights of compulsory marriage examinations, as well as the rights of both husband and wife. In short, the marriage examination should be done voluntarily by two people, not by force.

Both parties should enhance their understanding of "premarital sexual health", and both husband and wife should look at it rationally to avoid unnecessary pain and loss. ** Publicity should be strengthened, and better laws should be enacted and implemented to protect the support policy of marriage inspection and the validity and rights of both couples.

Marriage inspection is not only a responsible behavior for individuals and families, but also a responsible behavior for society. It can reduce some premarital diseases, and it can also improve the quality of the population born later and the health of the family to a certain extent.

However, this should be based on the individual's voluntariness, not coercion, because this is the right of the individual to call for outcry.

In different countries and regions, the implementation method and scope of marriage inspection are also different. In some countries and regions, marriage examination is a legal requirement for marriage, i.e. it is mandatory, while in others it is voluntary.

Proponents of mandatory marital testing argue that it protects the health of spouses and children while helping to control the spread of infectious diseases. In addition, compulsory marital testing can help detect genetic diseases and take timely measures to avoid passing them on to the next generation.

Opponents of compulsory marriage testing argue that marriage testing violates the privacy rights of the gods and should not be enforced. In addition, some argue that mandatory marital testing may exacerbate social inequality because, in some cases, only certain groups are required to undergo marital testing.

In summary, the way in which the marriage examination is carried out should take into account various factors and make decisions based on local laws, culture, and social realities.

1.Violation of personal privacy: Everyone has the right to protect their privacy, including physical privacy. Compulsory premarital examinations involve the examination of individual body parts, which is an invasion of an individual's right to privacy.

2.Lack of scientific evidence: The purpose of premarital testing is to ensure the health of both spouses and to avoid the transmission of genetic diseases.

However, these tests do not completely guarantee the physical health of the couple, nor can they completely avoid the transmission of genetic diseases. In addition, these tests do not detect all diseases and health problems.

3.Deprivation of the right to free choice: Mandatory premarital examinations deprive couples of the right to free choice. Everyone has the right to decide on their own marriage and family plans, and mandatory premarital check-ups limit this right to free choice.

4.High social costs: Mandatory premarital check-ups require a lot of human, material and financial investment, which can bring high costs to society. In addition, these examinations will also increase the burden of medical resources and affect the allocation and utilization of medical resources.

Instead, education and awareness should be used to raise health awareness and marital attitudes, so that they can choose whether or not to have a premarital check-up.

In addition, mandatory premarital check-ups can also lead to the following problems:

1.Marital instability: Mandatory premarital check-ups can affect the stability of the marriage by causing suspicion and distrust of each other's physical condition.

2.Discrimination and prejudice: Mandatory premarital testing can lead to discrimination and prejudice against certain groups of people, such as people with certain diseases or certain ethnic groups.

3.Ethical issues: Mandatory premarital examinations involve the examination of personal privacy and body parts, which may raise ethical issues such as the relationship between doctors and patients, the confidentiality of examination results, etc.

Therefore, mandatory premarital check-ups are not only unnecessary, but may also bring a series of problems and negative effects. Instead, education and awareness should be used to raise health awareness and marital attitudes, so that they can choose whether or not to have a premarital check-up. At the same time, we should also strengthen the construction of the medical and health system, improve the quality and efficiency of medical services, and provide people with better medical security.