Only marriage allowed on May 20, divorce prohibited? Illegal! Withdrawn!
[2] Compiled from: Red Star News, China Youth Daily, Qilu Evening News, The Paper, Procuratorate Daily
Case review
On May 10, the official website of the People's Government of Pingjiang County, Hunan, released an "Announcement on Suspending Divorce Registration on May 20."
The announcement stated that May 20 is one of the peak days for marriage registration. To avoid crowding, control excessive gatherings, ensure orderly processing in the hall, and meet the needs of citizens for marriage registration, it was decided to suspend divorce registration on May 20, 2021. Citizens were asked to inform each other and understand, hence this announcement.
Why suspend divorce registration on May 20?
It is understood that because May 20 is a peak day for marriage registration, staff at the Pingjiang County Marriage Registration Office suggested that citizens planning to register for divorce on that day wait one more day. "If someone still comes to register (for divorce), we will still accept it, but they will have to queue, and it’s generally hard to wait."
Not only Pingjiang in Hunan issued a similar notice. On May 15, the Government Service Center of Kaili City, Guizhou, released a notice stating that to ensure all prospective couples can receive their marriage certificates on "520" day, the center's working hours on May 20 would be adjusted from 7:30 AM to 12:00 PM, with afternoon services starting at 1:00 PM until all are processed. Additionally, divorce registration services would be suspended that day.
Currently, both the Marriage Registration Office in Pingyang County, Hunan, and the Government Service Center in Kaili City, Guizhou, have issued apology statements and withdrawn their previous announcements.
[1] The author's perspective
Whether it's a well-intentioned mistake or an attempt to adjust the workload on a special day, it's clear that such practices have no legal basis. As an administrative organ, the civil affairs department must adhere to the principle that "what is not authorized by law cannot be done," which is the fundamental code of conduct for all administrative bodies. Without any legal authorization, privately deciding to "suspend divorce registration on May 20th" is in no way lawful. This shows that not only is it a well-intentioned mistake, but it also reflects a lack of basic legal awareness.
Administrative power is both the most in need of control and the most difficult to control. The importance of law-based administration lies in preventing the expansion and abuse of power. Arbitrarily deciding to suspend a certain service on a particular day may seem like a trivial matter, but the underlying logic of such behavior may be no different from the expansion of power. Power needs to be confined within the cage of institutions, but the cage must never be made of arbitrarily stretchable springs. The freedom to divorce is as protected by the constitution as the freedom to marry; every citizen has the right to marry and the right to divorce. If administrative organs can arbitrarily restrict or even deprive administrative counterparts of their lawful rights based on a self-perceived good idea, then adverse consequences are likely to follow.
After facing public criticism, the relevant parties promptly corrected their erroneous practices, and this attitude of acknowledging and correcting mistakes should be affirmed. However, beyond addressing the specific issue, it is even more important to strengthen the concept of law-based administration and enhance legal awareness. Before making any specific administrative act, it should be measured against the yardstick of the law, and all administrative activities must be based on legal grounds. Even if something appears beautiful on the surface, if it is suspected of being illegal in substance or procedure, it must never be done. Only by adhering to lawful administration can we possibly turn good intentions into good outcomes and truly earn public praise.
