我國現行戶籍法制之探析
Abstract
校所名稱：國立台灣師範大學政治學研究所
論文題目：我國現行戶籍法制之探析
畢業年度：2006年（94學年度第2學期碩士學位論文摘要）
研究生姓名：翟蘭萍 指導教授：陳文政博士
論文摘要
戶籍制度與人類政府組織的歷史同樣久遠，有史可考者，我國戶籍制度遠在禹平水土之時，即有戶口調查。此後歷經數千年之遞嬗演變沿用迄今，足見戶政之於國家行政，居於不可或缺之地位。
戶政為庶政之母，就私領域而言，戶籍記載了一個人從出生、結婚、生子（含認領、收養、終止收養）、一生之居住處所、乃至死亡的人生歷程；戶籍也記載了親屬關係及家族傳承的歷史。就公領域而言，戶籍是個人享受權利、負擔義務之依據；各項戶籍登記資料及人口統計資料，又是政府施政規劃、國力調查、人力資源運用、學術研究及工商企業發展之重要參考依據，戶籍之應用層面甚廣，洵堪探討。
本文從人權保障、公共政策、地方自治及法制之角度探討戶籍制度之立論基礎；並探討我國戶籍制度之演變歷程、戶籍登記之概念、效力、定位、定性等。另本文之主軸置於第五章「身分登記之探討（上）」、第六章「身分登記之探討（下）」及第七章「遷徙登記及其他事項之探討」。針對戶籍登記之法定登記項目包括出生、認領、收養、終止收養、結婚、離婚、監護、死亡、死亡宣告登記及遷徙登記等逐一探討，檢視現行法在實務上無法契合或法制上有缺漏宜修正之處，並臚列實務問題及其爭點、實務運作方式，再予以檢討分析。
最後，針對各類登記項目提出建議，並對構成戶籍登記事件（如結婚等）主要依據之民法、台灣地區與大陸地區人民關係條例、非訟事件法等與戶籍登記有關部分，一併提出修正意見。並以表列方式將文中未及討論而應修正之處臚列，期對戶籍法提出更完整、更符法制及時代潮流之意見，也期盼提供主管機關修正戶籍法及其相關規定之參考。
【關鍵詞】戶籍 戶政 戶籍登記
National Taiwan Normal University Graduate Institute of Political Science Title of Thesis：The Research of Present Household Registration System of Republic of China Graduate Student：Jair, lan-pin Advisor：Chen,Wen-Cheng Ph. D. Abstract The household registration system has its history as early as the government organization of mankind. Census of the household registration system was carried out as early as the time when Da Yu tried to control the flood. The system has undergone evolution for several thousand years. This illustrates the important role of the household registration administration in a country’s administration. Household registration administration is the foundation of general affairs. In the private sector, household registration records a person’s life history from his/her birth, marriage, child (including acknowledgement, adoption, and termination of adoption), place of residence and death. It is also the basis for people having their rights and obligations. In the public sector, household registration data and demographic information serve as basis of government planning, national strength survey, human resource utilization, academic research as well as industry and commerce development. The application of household registration indeed covers a wide range of aspects. This research starts from the angle of local autonomy, public policy and population policy to discuss the rationale behind household registration. Further discussion will focus on the concept, function, position, attribute, effect and legal application of household registration as well as the historical development of Taiwan’s household registration system. Moreover, the main points of the research are in Chapter Five of “Discussion of Identity Registration (Part I)”, Chapter Six of “Discussion of Identity Registration (Part II)” and Chapter Seven of “Discussion of Registration of Change of Residence and Other Issues.” The items of household registration required by law, including registrations of birth, acknowledgement, adoption, termination of adoption, marriage, divorce, guardianship, death, death announcement and change of residence, are discussed one by one. Also, the current laws are reviewed to establish the weaknesses in practice, which should in turn be rectified. The practical issues and their points of dispute as well as practical application are listed for further review and analysis. Finally, recommendations are made for each item of the required household registration, and opinions are offered as to the amendment to the Civil Code, Act Governing Relations between Peoples of the Taiwan Area and the Mainland Area as well as the Act of Non-litigation Event which are related to event (such as marriage, etc.) subject to household registration under the household registration regime. Furthermore, those issues which are not discussed in this research but should be subject to further amendment are listed herein so as to provide more complete and up-to-date ideas. It is hoped that they can serve as references for the relevant authority in its amendment of the Household Registration Law and other relevant regulations.
National Taiwan Normal University Graduate Institute of Political Science Title of Thesis：The Research of Present Household Registration System of Republic of China Graduate Student：Jair, lan-pin Advisor：Chen,Wen-Cheng Ph. D. Abstract The household registration system has its history as early as the government organization of mankind. Census of the household registration system was carried out as early as the time when Da Yu tried to control the flood. The system has undergone evolution for several thousand years. This illustrates the important role of the household registration administration in a country’s administration. Household registration administration is the foundation of general affairs. In the private sector, household registration records a person’s life history from his/her birth, marriage, child (including acknowledgement, adoption, and termination of adoption), place of residence and death. It is also the basis for people having their rights and obligations. In the public sector, household registration data and demographic information serve as basis of government planning, national strength survey, human resource utilization, academic research as well as industry and commerce development. The application of household registration indeed covers a wide range of aspects. This research starts from the angle of local autonomy, public policy and population policy to discuss the rationale behind household registration. Further discussion will focus on the concept, function, position, attribute, effect and legal application of household registration as well as the historical development of Taiwan’s household registration system. Moreover, the main points of the research are in Chapter Five of “Discussion of Identity Registration (Part I)”, Chapter Six of “Discussion of Identity Registration (Part II)” and Chapter Seven of “Discussion of Registration of Change of Residence and Other Issues.” The items of household registration required by law, including registrations of birth, acknowledgement, adoption, termination of adoption, marriage, divorce, guardianship, death, death announcement and change of residence, are discussed one by one. Also, the current laws are reviewed to establish the weaknesses in practice, which should in turn be rectified. The practical issues and their points of dispute as well as practical application are listed for further review and analysis. Finally, recommendations are made for each item of the required household registration, and opinions are offered as to the amendment to the Civil Code, Act Governing Relations between Peoples of the Taiwan Area and the Mainland Area as well as the Act of Non-litigation Event which are related to event (such as marriage, etc.) subject to household registration under the household registration regime. Furthermore, those issues which are not discussed in this research but should be subject to further amendment are listed herein so as to provide more complete and up-to-date ideas. It is hoped that they can serve as references for the relevant authority in its amendment of the Household Registration Law and other relevant regulations.
Description
Keywords
戶籍, 戶政, 戶籍登記