Study On The Solution Of Flawed Marriage Registration

On august12,2011the supreme people’s court announced "the marriage law of the People’s Republic of judicial interpretation(3)".The article1of the legal provisions "the parties should apply for the marriage invalid on the basis of the article10of the marriage law, or the people’s court will reject the application of the parties. If the parties claim a civil lawsuit to revoke the marriage registration based on flawed marriage registration, they will be told that they can apply for administrative reconsideration or claim an administrative lawsuit."Though the provision makes the solution of flawed marriage registration clear in legislation, it lacks of practical significance for judicial work. The phenomenon that the parties can’t find litigation authority or solve the actual problems still doesn’t improve. The author of this paper will propose some ideas and opinions on the basis of these problems.This paper mainly analyzes and studies the following three issues:Firstly, section one is about the system of marriage registration. This section contains the meaning of marriage registration, the nature of marriage registration and legal effect of marriage registration. Marriage registration means the specific administrative action that the marriage registration office establishes or terminates the marriage relationship between the parties according to the law. The author thinks that marriage registration belongs to administrative confirm behavior in nature. In addition to violate marriage entity requirements, once parties make the registration behavior, they will have the rights and the obligations between husband and wife. For the third people, he or she can judge whether other people have got married through the marriage registration, so that they can decide whether to make some behavior and avoid making some negative legal behavior.Secondly, section two is about the meaning and legal effect of flawed marriage registration. Firstly, the author will define the meaning of flawed marriage registration, according to the difference between the flawed marriage entity registration and the flawed marriage process registration. The "flawed marriage registration" that this paper studies refers to the flawed marriage process registration, that is in the marriage registration procedures exist in illegal or lack the necessary requirements. Secondly, the key research of this part is the legal effect of flawed marriage registration, which is studying the solution of flawed marriage registration at the entity aspects. The author thinks that in order to avoid the conflict between the system of invalid marriage and flawed marriage registration, they should belong to the different nature of the marriage form. Flawed marriage registration directly influences the establishment of a marriage, rather than the effect of a marriage, and it doesn’t necessarily lead to the establishment of a marriage. Different types should be treated differently.Thirdly, section three discusses the solution of flawed marriage registration in the litigation procedure. The author thinks that the disputes of flawed marriage registration shall take civil litigation way to solve. The Court should use the lawsuit of the establishment of a marriage to solve the disputes of flawed marriage registration together, and this should be provisioned in the law.