Theory Of Marriage Registration Flaws

Marriage registration in China is the " marriage law " and " Marriage Registration Ordinance " to establish the effective conditions of the marriage, however, in the administrative law and the marriage law in theory and practice to the marriage registration, marriage registration of the legal nature of defect types and flawed marriage registration problems associated with treatment in the dispute. This paper tries to start with the nature of marriage registration, marriage registration type flaw, combined with some problems in the practice, flawed marriage registration relief way is studied, and the defects of marriage registration related legal issues put forward its own views and opinions, make practice flawed marriage registration to be better solution, in favor of " marriage law " and " the Marriage Registration Ordinance " in the process to get better carry out fulfil.Besides introduction and conclusion, is divided into four chapters:The first chapter:the marriage registration of the nature and practice of classification of defects of marriage registration. The marriage registration nature theory there are various viewpoints. The author thinks the marriage registration in the legal nature of administrative confirmation, actionable, in function or role as administration publicity. In practice, defects of marriage registration, in the performance of specific marriage substantive flaw and marriage registration procedure flaw registration.The second chapter:defects of marriage registration marriage validity effect. This chapter combines the existing entity law on marriage registration in procedural flaws and substantive flaw effectiveness and provisions for insufficient current situation, summarized the two defects of marriage registration effectiveness and influence on marriage. The author thinks that by examining whether the effects of defect registration marriage substantive requirements to determine whether to cause defects of marriage registration marriage void or voidable.Chapter third:marriage registration legislation defects and perfection. On the defects of marriage registration claims processing, subject of litigation limitation exists, civil and administrative proceedings cross confusion and legislation defects. The author through administrative litigation and civil litigation comparing civil litigation can fully solve the problem of the validity of marriage this conclusion. At the same time, draw lessons from foreign legislative cases analysis that should be added to the procuratorial organ as the marriage nullity suit filed by the main. For bigamy bigamy status due to disappear and loss of invalid marriage right of claim. Establishment of revocable marriage single models of judicial review.The fourth chapter:flawed marriage registration caused problems and the perfection of system. The author thinks, in order to better protect the rights of children, cancel " illegitimate " this one appellation. In the property management should establish bona fide Party’s right of claim damages and economic assistance request power system.