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Defects And Legislative Marriage Registration

Posted on:2012-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:H S DuFull Text:PDF
GTID:2166330332498528Subject:Law
Abstract/Summary:PDF Full Text Request
With the continuous development of the socialist market economy and improvement, all aspects of social life in China has undergone tremendous changes, in the field of marriage has also undergone a variety of circumstances. Marriage registration, but also large numbers of defects. The emergence of defects marriage registration, marriage parties for dealing with the effectiveness of marriage, divorce, child custody and division of property had a tremendous impact. Based on the issues related to marriage registration of defects, and strive to achieve the perfect method of dealing with defective marriage registration purposes.The first part answers what is the first defective marriage registration, marriage registration, the characteristics of defects and marriage registration with the nature of defects,On this basis, according to the circumstances of the judicial practice of the marriage registration of common defects were classified, also analyzed marriage registration defective social background. Finally, that the study by summarizing the value of defective marriage registration, marriage registration and thus have a general defect of the concept of understanding.The second part of this article were part of the marriage registration for the first classification of defects, combined with China's "Marriage" and its judicial interpretation may be revoked on an invalid marriage and voidable marriage, marriage registration according to various defects of the main causes:behavior lack of capacity of the defective marriage registration, application for marriage registration data is not real flaws, defects impostor marriage registration, marriage registration, marriage registration procedures for defects and other defects and the effectiveness of marriage relationship. By contrast relationships, summed up the direction of dealing with defective marriage registration.The third part of this article focuses on handling foreign marriage registration system defects.and through the common law and civil law in some countries a number of countries to deal with the requirements of marriage registration described defects, compared to the different procedures for marriage registration marriage registration flaws approach and impact on the effectiveness of marriage.Finally, out of the country enactment of legislation on the issue of dealing with defective marriage registration in China.The fourth part of this paper describes the first defect of the provisions dealing with marriage registration, and summed up the practice of dealing with marriage registration of defect problems, these problems and compare the legislation of the foreign marriage registration in China dealing with defective system in China. Improvement of the legislation dealing with marriage registration flaws recommendation that perfect marriage registration system, improve handling marriage registration methods and increase the defect led to marriage registration of defects of the marriage party of penalties.The above discussion, mainly in order to marry into a better understanding of the concept of registration of flaws, and concluded according to this concept of defective marriage registration method of treatment. In taking into account China on the basis of the actual situation, to the legal regime of the protect marriage of the parties legal rights, resolve to deal with all types of marriage registration defects, to preserve family harmony, social stability purposes. Of course, after the above discussion, there are some issues worth further discussion, such as marriage registration, marriage and legal flaws in the fact that the relationship between marriage, the marriage may revoke the relationship between the executive may revoke such problems have yet to be and I have the same research colleagues to continue to address.
Keywords/Search Tags:Defective Marriage Registration, Invalid Marriage, Voidable Marriage
PDF Full Text Request
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