On Cognizance Of Marriage Validity Of Defects Of Marriage Registration

Marriage registration is a legal process for couples to be married. Marital relationship is recognized and protected by laws only in the way of marriage registration. During the registration, relevant departments and parties concerned to marriage should strictly comply with the relevant laws and rules. Only in this case, the marriage is guaranteed legal. However, frequent illegal cases related to marriage registration, known as defects of marriage registration, have occurred in recent years. It has been a heated debate on whether the defects can affect the legal recognition or not, and how the legal validity exists in the long-term practice of laws. This dissertation aims to improve the processing system of marriage registration via the analysis on relevant issues of defects of marriage registration, particularly on the defects-related marriage validity.There are four parts in the dissertation.The first part is the problem presentation.Presentation and analysis of two typical cases, led to cases of that type of thinking, which leads to the issue of marriage registration defects.The second part is the basic description of defects of marriage registration. Analysis on the concept, features and classifications of defects of marriage registration is to confirm that the defects are against the substantial or formal elements. It features illegality and certainty, and is classified as substantial and procedural defects. In this case, a general recognition on the defects of marriage registration is achieved.The third part is analysis on the marriage validity of defect-related marriage registration. Marriage validity is elaborated in both substantial and procedural defects, which is the core content as well as the focus of the debate on the judicial practice. At first, analysis is made on the marriage validity of substantial defects. Next, analysis is made on the marriage validity of procedural defects. In the meanwhile, a general idea is put forward to deal with procedural defects and analysis in type is also made on the validity and procedural defects of marriage registration.The fourth part is to put forward the problems and legislative suggestion for the improvement on the processing system of marriage registration in China, which means to reduce the defects by improving registration system. The section first describes the current the defective processing system on marriage registration provisions, and summed up the existing problems in the marriage registration in China defect handling system, improve our marriage registration defective processing system for these specific issues, legislative proposals.For these Problems, Proposals for legislation are protect good couples through augmenting invalid marriage system.