Study On The Defects Of Marriage Registration Deal

Marriage registration means man and woman who want to be married ordivorced must register in statutory authority according to law in our country. Marriageregistration is a serious legal system, rather than dispensable formality. Only afterregistration, can marriage be legitimate, effective and subject to the full protection oflaw. In real life, marriage will have some defects due to the improper or illegalregistration process. While the existing laws only regulate void and revocablemarriage, the effectiveness of marriage registration defects is not instructed, whichbrings confusion to the judicial practice.In this context, this article attempts to proceed from the nature and effect of themarriage registration theoretically. According to certain criteria, defects of marriageregistration are clarified. Combined with processing experience abroad and in Taiwanand China’s judicial practice, this article proposes the basic idea to deal with the issueof marriage registration defects, that is, marriage registration act with defects shouldnot be directly revoked.Apart from introduction and conclusion, this article has four sections.The first section summarizes the nature of marriage registration and types of itsdefects. Firstly, the property of marriage registration office is clarified to beadministrative organ and the nature of registration act is administrative confirmation.Secondly, this section clears the research object, marriage registration defects, refersonly to procedural errors, and describes the basic procedures for marriage registration.Finally, the marriage registration defects are split into providing false evidence, wrongidentity, improper jurisdiction, error of certificate records, and the registration ofnon-marriage registrar, etc.The second section describes approaches to deal with process defects incomparative law and its revelation. Firstly, it introduces marriage procedures systemin Britain, France, Japan and other countries. When there come the defects, validity ofthe marriage is generally recognized. Secondly, after amendments to the family lawsection, registration system is taken in Taiwan. Registration defects are basicallycontained through the perfect household registration system. Finally, by comparisonand analysis of the regional approaches, it sums up revelations to resolve theregistration defects issue in our country. The third section focuses on the effectiveness of marriage registration defectsand our practice approach. Firstly, it clears the marriage registration is the formalrequirements for marital act to entry into force. Secondly, marriage registration hasthe effectiveness of formation force, formula credibility, and counter force as well as acertain particularity based on the identity of the marital act. Finally, through theanalysis of four cases, it comes to the ways used in practice—revocation, dismiss andotherwise.The fourth section tries to processing proposals of marriage registration defects.Firstly, it determines the general idea, that is, the problem should be resolved throughadministrative litigation, and we must maintain the validity of the marriage as muchas possible. Secondly, it separately proposes solutions to different types of defectspreviously mentioned. Finally, it brings forward initiatives to reduce the marriageregistration defects in many aspects, like perfecting censorship and strengthening theconvergence of marriage registration and the household registration system.