Comment On The Case Of Mei And Kong’s False Marriage Registration

In the marriage registration process, whether it is the marriage registration office,party or marriage registration, must be strictly in accordance with the procedures ofthe relevant laws and regulations apply,"People’s Republic of China Marriage Law"and "Marriage Registration Ordinance" to apply for marriage registration procedureswere clearly defined, one program that requires the parties to marry my true identityto go hold handle. But in real life, the parties in the marriage registration, theregistration process often appears many flaws, the use of another person’s identityinformation or false information identity registration of marriage in such a situation istypical of the marriage registration process flaws.False registration of marriage formarriage, how should the law finds that the injured party what should be legitimateand effective legal remedies? Judicial practice, there are many problems for suchmarital relationship recognized and treated today. This registration procedure existson whether the marriage relationship can be established under the defectivecondition, and whether the establishment of a valid marriage, or is revocablesituation? If It belong to the revocation, the revocation of the administrative organ orrevoked by administrative proceedings? If not revoked, whether through divorceproceedings should Civil Procedure? If the program is to take civil action, then thedivorce proceedings and who is the subject of litigation to determine how should therequest, and so on. These issues present, China has no clear and uniform legalrequirements, resulting in different judicial practice co-contracting commonoccurrences on the applicable law is extremely confusing, which leads to thelegitimate interests of the parties is difficult to obtain an effective remedy, but alsoundermine the authority of law and justice sex. Therefore, this paper together throughreal cases of bogus registration of marriage and marriage laws and regulationsrelevant to analyze our current implementation, carding, lawyers practice guidance forfuture work, but also for the treatment of similar cases provide some ideas.