On The Legal Effect Of Marriage In Which Man Or Woman Use Fraud Identity To Get Registration

The marriage registration defects have occurred for a long time，such as thewhereabouts of one who defrauded marriage is unknown， faked a aresidentregistration or assumed another person’s residence registration to get marriageregistration. Due to the unclear provision，academic dispute，and the practice is notunity, between the People’s Court and Bureau of Civil Affairs, People’s Court of theCivil Division and administrative tribunals, has been contradictory that The partiesoften have nowhere to turn. How to identify the nature and effect of the marriage ofthis kind of circumstances, to better maintenance of rights the spouse who is theinjured party, has always been a hotly debated law academia and judicial practiceprocessing difficulties. Several expectations, the Supreme People’s Court on theapplication of the People’s Republic of China Marriage Law Interpretation of SeveralIssues (c)(hereinafter referred to as the "Marriage Law judicial interpretation (c)"),effective from August13,2011,shall advise the plaintiff can either makes a request forreconsideration, or institutes administrative egal proceedings, may show the way forthe parties. However, this provision not only used administrative procedure substitutefor civil procedure to handle any matrimonial dispute, but also let the marriage registration office who has been strictly limited to the right to revoke the exerciserange faces a dilemma, it will in violation of the provisions of the AdministrativeReconsideration Regulations if revocation of inappropriate administrative practices.Otherwise, The Administration Department will Lose in Lawsuit.In order to deal with this problem effectively, the first part of this paper is startwith the empirical level, through the analysis of the real case, to tease out the fourdifferent modes in practice include valid marriage, void marriage, revocable marriageand rejection of complaint, to illustrate the importance of unified processing mode assoon as possible. The second part, start with the basic theory of civil juristic act, toclarify the concept of the existence of marriage and valid marriage, on the essentialdifference between these two concepts. The third part, apply this theory of civiljuristic act to critical the existing processing modes of marriage registration flawsdispute, especially the Marriage Law judicial interpretation(c),illustrate the inevit-ability of the practical conflict for confusion of concepts. The fourth part, based on thetheory of distinguish between the existence of marriage and valid marriage, proposedto establish marital relations established and not established confirmation suit, make apreliminary framework, to clarify its practical significance to avoid the conflict ofcharge and domination, and satisfy the demand of the parties more thoroughly, tomaintenance rights of the spouse who is the injured party more conveniently andestablish judicial authority.