Research On The Defects Of Marriage Registration

The defect of marriage registration is the lack of the essential condition of the registration of marriage or the behavior of the procedure of the registration of the marriage.China revised the “marriage law” in 2001, which increased the invalid marriage system and revocable marriage system.And the lack of substantive elements of marriage registration as invalid or evoke marriage.But how to define and how to deal with all kinds of flaws in the marriage registration, the present law of our country has not made the detailed provisions,In judicial practice, so different sentence phenomenon is prominent.This paper tries to analyze and compare the types of defects in the existing marriage registration system and the defects of the existing marriage registration system in China,Combined with the reality of life in the case of judicial practice and experience, put forward the feasible scheme to solve the defects of marriage registration,and suggestions on the legislation of “marriage law” and “administrative law”.This article is divided into four parts to discuss the defects of marriage registration.The first part, the basic theory of marriage and marriage registration.Detailed exposition of the concept of marriage, the nature of the role, the establishment and entry into force of the marriage and the nature of the registration of marriage and the value of the system. The second part, overview of the defects of marriage registration.The theoretical analysis is made on the nature and connotation of the defects and the classification of the defective marriage registration.The third part is about the defects of marriage registration and its classification.Mainly on the real defect and procedure defect analysis, as the core part of this article, also exists in the judicial practice in the most controversial.First, according to the “marriage law” in the relevant provisions of the invalid marriage and the concept of marriage can be revoked and the difference between the concept of carding,Secondly combined with the judicial practice in the case of China’s existing flaws in the marriage registration procedures to distinguish and determine its effectiveness.Generally speaking, for the defective marriage registration we can not ignore the existence of all the legitimacy, and admit the validity, also cannot ignore the interests of the parties to the marriage and the effect of total negation, so for the issue of the defects of marriage registration should careful handling, and as much as possible to maintain its effectiveness.The fourth part, in view of the present situation of our country marriage registration flaw question to carry on the legislative suggestion, and to consummate our country marriage registration system to put forward the reasonable suggestion.