The Revocation Standard Research Of Marriage Registration

As one of the types of the specific administrative act, except follows the marriageand family laws and regulations, marriage registration also should abide by therelevant provisions of administrative law and administrative procedural law. Althoughsome scholars hold that marriage registration behavior contains the nature ofadministrative licensing, but according to the set purpose, function and applicativesituation of marriage registration, and combining the development trend of legislation,it may be more in line with the behavior nature of marriage registration that defined itas administrative confirmation.A lot of factors that affect the validity of marriage registration arise from historyand culture, operation of administrative agency and parties themselves, etc. Thesefactors lead to the results range from inconvenience to the lives of the parties forregistration information defect to marriage registration was declared null and void orrevoked for essential or procedural reasons. At the same time, because of courts fromvarious regions abide by different standards for administrative cases about revocationof marriage registration, it occurs from time to time that different sentences followsthe same kind of cause and it caused great damage to the seriousness and uniformityof judicial trial.This article start with the demonstration of judicial trial current situation by72typical cases in administrative litigation involved revocation of marriage registrationin the way of forms and texts. Combined with the related laws and regulations andacademic point of view afterwards, this article propose review and theoretical analysis for the case type classification similarly. And then based on the above, this article putforward essential factors–involved procedural factors–pure procedural factorstertiary judicial trial model for revocation standard in marriage registration. Themodel strive to include the factors from laws and regulations and judicial trial practice,which affect the validity of marriage registration and could lead to marriageregistration was declared null and void or revoked, make clear in what circumstancesshould marriage registration be declared null and void, revoked or maintain itseffectiveness, etc. and provide normative reference for judicial trial practice. Finally,combining with marriage and family legislative and judicial status quo, this article putforward legislative suggestions for theoretical discussion.