Remedies For Marriage Registration In The Name Of Wrongful Identity

Controversial issues resulting from the defects during the marriage registration procedures account to the most frequently occurred disputes in the legal practice. The cases, in which civil subjects impersonate or borrow identify documents with fraud, or forge the identity of them, have caused widespread controversy. Although the provisions of the invalid marriage and revocable marriage have been already provided by the Marriage Law of China, yet it hasn’t elaborated the legal effectiveness of defective registration of marriage, which always caused the phenomenon of so-called "Treat like Cases dislike" in the legal practice. This article tries to start from clarification of classic judgments and thus reason out the concept of marriage registration in the name of wrongful identity, and then explore its effectiveness and the paths of remedy based on the fundamental legal analysis and the traditional logical path. The structure, which made up of three sections besides introduction and conclusions, and the idea of this article are as follows:Section Ⅰ, entitled with "Review of judicial decisions on the marriage registration in the name of wrongful identity", divides the cases into three categories, that is, Registration with illusory identity, Registration in name of others and Registration with the name of others. Based on the analysis of the solutions with civil proceeding and administrative proceeding, the legal effectiveness of marriage registration in the name of wrongful identity and the way of remedies will preliminary been discussed hereon. Section Ⅱ relates to the legal effectiveness of marriage registration in the name of wrongful identity. The ordinary theories of marriage, e.g. the dichotomy of defective marriage and defective registration of marriage, the difference of not established marriage, invalid marriage and the revocable marriage, and the public and private law effectiveness of marriage registration etc., will be discussed here. Meeting the substantive requirements of marriage should be valued as the fundamental criterion of the effectiveness of marriage with regard to the comparative law experiences. The preservation the validity of a marriage should be also taken into account as a supplementary standard. The possibility and the rationality of the fraud as the cause of revocable marriage will also been by way of parenthesis discussed in this section. Section III scrutinizes the paths of remedy as the most important issue of the legal practice in this scale. Based on the background analysis of theories of the crossed case of civil law and administrative law, the solution of civil proceeding and administrative proceeding along with the free choice of the remedy will be introduced in this section. In order to give suggests to the legal practice, the key point will be focused specifically on the solution of administrative proceeding, and the construction of the institute will be put forward on the basis of criterion of examination, the typologic judgments and the solution of civil proceeding attached to administrative one. Thus, the phenomenon of "Treat like Cases dislike" will be reduced and the justice of law shall be promoted.