On Defects Of Marriage Registration

Defects of marriage registration means the essential condition decifiency of substantive law in marriage registration or the conduct of violation of marriage registration procedure. Our nation's Marriage Law revised in 2001 adds the systems of invalid marriage and revocable marriage to regard the marriage without essential elements in marriage registration (the entity defect of marriage registration) as invalid marriage or revocable marriage, namely, the marital relation becomes invalid from the time of being annouced invalid or revocation. However, the current law has not stipulated explicitly how to deal with other issues of defects of marriage registration. This thesis analyzes the qualities and types of defects of marriage registration, and put forward specific schemes and legislative proposals of tackling with issues of defects of marriage registration combining cases and judicial practice on the basis of regulations of our nation's current law.Apart from introduction and conclusion, this thesis has four sections.The first section refers to the overview of defects of marriage registration. Analyzing through the theories of notion and qualities of marriage registration conduct, as well as the qualities, connotations, and sorts of defects of marriage registration, this thesis clarifies that the quality of marriage registration belongs to defective administrative act in nature, whose connotation includes illegal marriage registration and improper marriage registration. It also points out that with justiciability, marriage registration is a specific administrative act, and the issues of defects of marriage registration can be dealt with through administrative proceedings.The second section refers to defects and dispose of marriage registration. As the core of the whole thesis, this section mainly analyzes the dispose of procedure defects of marriage registration and its efficacy, which is the most controversial issue in judicial practice as well. Firstly, analyzing invalid marriage and the system of revocable marriage, it points out its deficiencies. Then, analyzing the common procedure defects of marriage registration with cases, as well as the theory and dispose system of defect administration, it puts forward the idea that procedure defects should be dealt with as administrative cases, with the efficacy distinguished by situations. In general, marriage registration with marriage essential elements and procedure defect can neither be admitted its efficacy regardless of procedure, nor be denied its efficacy regardless of entity equity of the litigant. Instead, it should be dealt with cautiously to try to maintain its efficacy.The third section refers to defects and dispose of divorce registration. Analyzing the false divorce registration with defects in declaration of will, and that of defective disposing capacity, it puts forward ideas which the divorce registration with defects in declaration of will should be dealt with in measuring interests of all parties; which the false divorce registration should be admitted its divorce registration efficacy; which the divorce registration with defective disposing capacity should be dealt as invalid divorce registration according to the incapability of litigant's declaration of will.The fourth section refers to the legislative proposal of our nation's disposing system perfection of defects of marriage registration. On one hand, defect administration disposing system should be established with the perfection of defect administrative act theory that marriage registrations with obvious but slight defect should be corrected, those with ordinary defect should be revoked, and those with obvious and serious defect should be declared invalid. Moreover, related people, who cause the marriage registration illegal, should be punished. On the other hand, the system of invalid and revocable marriage should be consummated in marriage law to add legal origin of procedure illegality and spouse presumption system in legal consequence so as to protect the bona fide party; stipulations about divorce defect should be consummated in our nation's marriage legislation; systems of invalid and revocable treaty divorce should be established.