Use Of False Information On The Identification And Registration Of Marriage Deal

According to China's Marriage Law to explain (c) the provisions of Article 1, the "Marriage Law" Article 10 of the case outside the court for a declaration of nullity of marriage, the court rejected the application of the parties should be ruling the parties to file a lawsuit in the grounds of marriage registration flaws , advocated the revocation of registration of marriage, this can be filed for administrative reconsideration according to law or legal proceedings. This is our 'marriage' for the first time clear defects on the marriage registration of cases dealing with class, and "Marriage" provides the formal conditions for the establishment of marriage is to marry the person must apply for marriage registration office in person to the marriage registration, marriage registration office of the relevant staff review that the marriage of the parties act in line with our marriage, "marriage" under the conditions, be registered at the same time the two sides issued a marriage certificate. Both sides get a marriage certificate, the husband and wife relationship to be recognized by the society and the protection of the law. For registration of marriage with false information, if the form does not meet the elements of our marriage, does not conform to judicial interpretation of the Marriage Law (c) requiring the registration of marriage case defects, so a court but was found not to meet these two situations, then the marriage naturally not set up, but only because the use of false information on the denial of registration of marriage and thus the formation of marriage and family relations, is not able to get the parties and their social acceptance. And identified as the marriage was set up in our existing legal system as there is no ready-made judgments based on laws and regulations. Therefore, the judicial practice in some courts have failed to find a basis for legislation, often such cases of false information or registration of marriage will not be accepted, or by annulment of marriage to deal with some of the registration application for annulment of the marriage, both practices, but these practices they can not solve such cases, therefore, the author believes that there is no existing law in our country as the false information under the conditions of registration of marriage decisions, we can learn from Taiwan, China and the foreign enactment of legislation, the introduction of marriage established or not established complaints system to better address the false information to the registration of marriage types of cases.This paper is divided into four parts, the first part, mainly introduces the judicial practice of false information in the case of marriage registration, as the case is a special case, and our law in this case appears to be the case and no clearly defined, so in practice throughout the courts to have such similar cases different processing.The second part mainly introduces the case of the dispute, for false information to register the marriage disputes focus lies in whether the court accepts this proposal? Acceptance is based on what? If the parties do not accept relief.Third part mainly introduced the practice of case of different treatment, which also has three small dispute reason, its 1 some think about false information to register the marriage by divorce procedures, because of the false information to register the marriage from any entity or process is in line with China's" marriage law" provisions of the the conditions of marriage, so as to be conformable to the divorce. The second argument opinion this kind of cases belong to invalid cases, its reason basically is that this kind of cases of marriage does not meet established formal elements, while the" marriage law" as the general principles of the civil law" side" part of their marriage, also due to the" general principles of civil law" can be adjusted, in accordance with the invalid civil legal acts to deal with. Third kinds of argument opinion in this case the court should not accept, but should be in accordance with the marriage explained three of the provisions of article first, to the marriage registration office to apply for administrative reconsideration or administrative proceedings to the court; fourth dispute view mainly introduced the establishment of marriage or not established from the solution false information to register the marriage benefits and advantages, through the practice on the treatment of similar cases that use marriage or not established to solve this case has the advantages of litigation, in favor of family and society.The fourth part is the conclusion of the study , the author thinks to false information registration of such cases, whether by divorce to handle or by the invalid marriage to deal with, or are not accepted, are inappropriate, so through marriage or valid, invalid marriage and revocable marriage comparison and difference; and with false information registration married to the other conditions are derived analytically using the establishment of marriage or not established to solve the similar case of the substantive law on the basis and reference of procedural law program.