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结婚登记要交养老保险吗?

  • 发布日期: 2019-01-18

问:我要结婚,前几日去镇民政部门办理手续时,要我们交纳500元养老保险金;如不然,便不予办理结婚登记手续。请问,结婚登记一定要交纳养老保险金吗?
 
Question: I want to get married. When I went to the town civil affairs department to go through the formalities a few days ago, I asked us to pay 500 yuan old-age insurance. Otherwise, I would not go through the formalities of marriage registration. Excuse me, do you have to pay pension for marriage registration?
 
 
 
答:婚姻登记机关在婚姻登记时强行收取养老保险金的行为,不仅没有法律依据,而且是与国家政策相违背的。
 
Answer: The forcible collection of old-age pension by marriage registration authorities is not only without legal basis, but also contrary to the state policy.
 
 
 
结婚登记,是法律规定的确立合法的必经程序。我国第7条规定:“要求结婚的男女双方必须亲自到婚姻登记机关进行结婚登记。符合本法规定的,予以登记,发给,即确立夫妻关系。”这条规定,包涵两层意思:一是凡是要求结婚的男女,双方必须亲自到婚姻登记机关进行结婚登记;二是只要符合婚姻法的规定,登记机关就必须给申请人发结婚证。可见,婚姻登记机关依法履行职责,是一种政府行政行为。该行政行为只能在法律赋予的职权范围内依法定程序实施,否则无效。从我国现行法律来看,婚姻登记机的权限仅在依法进行婚姻登记事宜,无权乱收费或要求婚姻登记申请人附加其他行为作为登记的条件。
 
Marriage registration is a necessary procedure to establish legality as stipulated by law. Article 7 of our country stipulates that "both men and women who are required to marry must go to the marriage registration authority personally for marriage registration. If it complies with the provisions of this Law, it shall be registered and issued, that is, the relationship between husband and wife shall be established. This provision contains two meanings: first, all men and women who require marriage must go to the marriage registration authority to register their marriage in person; second, as long as they comply with the provisions of the Marriage Law, the registration authority must issue the marriage certificate to the applicant. It can be seen that the marriage registration organs perform their duties according to law, which is an administrative act of the government. The administrative act can only be carried out in accordance with the legal procedures within the scope of powers conferred by law, otherwise it will be invalid. Judging from the current law of our country, the authority of the marriage registration machine is only to carry out marriage registration according to law, and it has no right to charge arbitrarily or ask the applicant for marriage registration to add other acts as the condition of registration.
 
 
 
根据你的情况,如果养老保险金是婚姻登记机关自行收取的,这应当属于乱收费,你有权要求婚姻登记机关返还。如果收取的养老保险金是受保险公司委托所为,收取后你与保险公司定有书面养老保险合同,或者保险公司给你出具了保单,这就涉及到保险公司的行为问题了。我国保险法第10条规定:“投保人和保险人订立保险合同,应当遵循公平互利、协商一致、自愿订立的原则,不得损害社会公共利益。除法律、行政法规规定必须保险的以外,保险公司和其他单位不得强制他人订立保险合同”。保险公司搭婚姻登记机关的车,以是否投保作为婚姻登记的条件,具有强制性,违反上述法律规定的自愿原则。为此,你可以依据民法通则第58条第(5)项的规定,向保险公司主张该保险合同为无效民事行为,要求其返还保险费;如果对方不同意,你有权提起民事诉讼。
 
According to your situation, if the pension is collected by the marriage registration authority on its own, it should be charged arbitrarily, and you have the right to ask the marriage registration authority to return it. If the old-age insurance is commissioned by the insurance company, you and the insurance company will have a written old-age insurance contract after collection, or the insurance company will issue a policy to you, which involves the behavior of the insurance company. Article 10 of China's Insurance Law stipulates that: "When entering into an insurance contract, the insured and the insurer shall abide by the principles of fairness and mutual benefit, consensus and voluntary conclusion, and shall not harm the public interest. Insurance companies and other units shall not compel others to conclude insurance contracts except those that are required to be insured by laws and administrative regulations. It is compulsory for an insurance company to take the vehicle of the marriage registration authority and take whether to insure as the condition of marriage registration, which violates the voluntary principle stipulated in the above-mentioned law. To this end, you can claim to the insurance company that the insurance contract is null and void in accordance with the provisions of Article 58 (5) of the General Principles of Civil Law, and ask the insurance company to return the premium; if the other party does not agree, you have the right to bring a civil action.
 
 
 
因我国农村不实行强制养老保险,你不存在必须参加养老保险的问题,就是在城市实行参加强制保险的单位,收取保险金也得保险机关自己收取或委托地税机关代收,也不许搭乘婚姻登记的车。
 
Because China's rural areas do not implement compulsory old-age insurance, you do not have to participate in the problem of old-age insurance, that is, in the city to participate in compulsory insurance units, to collect insurance premiums also have to be collected by the insurance authorities themselves or entrusted to the local tax authorities, nor can you take the vehicle of marriage registration.
 


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