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

However, in recent years, local media frequently reports of "being married" event. This is not only to be fraudulent registration harm people, but also to the parties to bring endless trouble. Use of false identity registration of marriage in such cases is to use a false identity refers to the marriage registration, the case eventually produce disputes. According to practice cases, such cases are divided into four categories. Before the Third Interpretation of Marriage Law introduced to deal with the case of our law is not clearly defined, so that the country can only be made by a judge in accordance with existing laws and judgments, and thus there a "codefendant different sentence" phenomenon.the Third Interpretation of Marriage Law after the introduction, the law deal with the case using administrative measures, however, both in theory and practice in view of the judgment, the use of administrative measures to deal with such cases is still insufficient.The main reason for this phenomenon is that the legal regime governing marriage imperfect legislation is not perfect.Firstly, by carrying out a detailed analysis of two typical cases, draw the focus of the case:Secondly, the paper point out the detail of the establishment of the conditions of marriage, as well as analysis of the entry into force of nullity of marriage and marriage voidable circumstances, and the establishment of a distinction between marriage and the marriage is valid, point out a false identity registration of marriage in such cases should belong to the marriage does not hold. The article analyzes approaches to reliefof sham marriage using a false identity with the analysis of administrative proceedings is notfeasible or scientific, and suggests that the sham marriage using a false identity should beresolved through civil means. Eventually we come to analyze the use of false identities to solve such cases, registration of marriage, marriage should be established to set up and do not set up the system and the establishment of Family Justice program. Thereby protecting the interests of all parties, to reduce the probability of codefendant different sentence, saving judicial resources. Conducive to maintaining social stability.