Discussions On Legal Effects And Approaches To Relief Of Sham Marriage Using A False Identity

This paper focuses on the legal effects and approaches to relief of sham marriage using a false identity. Since the " Marriage Law" and the " Marriage Registration Ordinance" was promulgated, the courts have treated them as an important basis for determining the effectiveness of marriage when they hear cases related to marriage. With the promulgation and implementation of the "Marriage Registration Ordinance," marriage registration no longer requires the applicant to submit the proof from neighborhood or units, followed by the phenomena of false marriage rooted by a variety of false identities in large numbers. The current legal marriage registrations do not have explicit legal provisions to regulate these who have real statutory elements but using false identities to get married, one or both is not out of love, but a bogus marriage for other purposes. In trial practice, people find these cases'judges quite different, so the trial results are quite different.Some to be resolved through civil litigation, while others to be resolved through administrative proceedings; some to be treated as valid marriage, while others to be dealt as invalid or revoked marriage. Furthermore, in some places the litigation is denied by the court because the defendant is not clear,leading the partries in the dilemma of no relief. So it is much urgent to resolve the problem of sham marriage using a false identity recently. Therefore, this paper describes and analyzes the effectiveness of law and the channel of help of these various forms of "sham marriage" from the combination of legal principles and legal cases.The first part of this paper introduces a typical case of sham marriage using a false identity, and summarizes five different viewpoints of the court where the author works, and finally proposes the issues of this paper are the legal effects and approaches to relief of sham marriage using a false identity. The second part explains the elements, validity and the problem of application of marriage, mentions the elements of marriage that includes the real effectiveness and formal requirements, introduces China's current marriage law about the regulations of invalid marriage and the institution of marriage, and also notes that legal effect of marriage using a false identity is still not clearly defined, which brings great confusion to the judicial practice. It also provides two situations of sham marriage, including that one side has not really the true meaning of marriage and that the two sides have not the real meaning of marriage with the other. The third part analyzes the legal effects of sham marriage using a false identity, details whether such kinds of marriage can be established or not, whether it is invalid marriage and whether it is voidable marriage, explains the drawbacks of the denial of sham marriage using a false identity, and demonstrates that sham marriage using a false identity is established and effective. In the fourth part, the article analyzes approaches to relief of sham marriage using a false identity with the analysis of administrative proceedings is not feasible or scientific, and suggests that the sham marriage using a false identity should be resolved through civil means. Meanwhile, it analyzes the issues of main defendants in lawsuits, and proposes that the marriage only can be effect on the specific person who uses a false identity card for marriage registration; and if the defendant's identity is able to make clear, the defendant should be the true identity of the subject of proceedings; and if the defendant's true identity can not be identified, the person on their marriage certificate will be the subject of litigation. In the fifth part, this article evaluates amendments and deficiencies of the new "Marriage Law"and according to two different situations of sham marriage, two different proposals are put forward to perfect the effectiveness of the system of marriage.