Research On Defect Registration Of Marriages And Civil Remedies

China's implementation of the registration system reform the marriage procedure,China's marriage law stipulates that the parties need to work together to the marriage registration authority to apply for the formalities can be established effectively for a marriage.Although China's marriage law has invalid marriage and can revoked marriage of provides,but it is mainly aimed at the entity of marriage which does not meet the requirements of marriage,for treatment of flawed marital conflict in the registration process,it still exists a big difference currently.Although the Marriage Law,method judicial explained three pointed out that the parties can solve the problem by applying for administrative reconsideration or filed administrative litigation solution,but we found there are a lot of limitations in the defective marriage by administrative means in practice,including limitation of limitation of action,the children property issue cannot be resolved,low efficiency,waste of judicial resources,and so on.And it's many flaws there is not just the fault of the registration authority,some is due to the party's cause,the marriage registration authorities have no fault but bear the results,it is actually not equal between illegal behavior and illegal responsibility.According to marriage registration of civil nature features,and combined with the practice of other countries and some judges,the way of civil procedure has certain advantages compared with administrative means in resolving the dispute of defective registration,especially by using the marriage established and not established confirmed in civil action to resolve the dispute of defective registration,it not only can get related theory support in legal,but also can overcome the drawbacks and problems existing in the administrative channels,so it has a high feasibility.This article uses the analysis comparison method and through the comparison of two cases,observation that problems in the treatment of defective cases of marriage registration,then analyzes the administrative remedy to solve the limitations of the marriage registration flaws,and put forward the viewpoint that the case of marriage registration flaws will be handled by the civil procedure,it means in the structure is divided into four parts: the first part is to introduce the author's office units to deal with the registration of the two flaws in the case of marriage disputes,different processing modes from the case can extended case in dealing with the issues involved in the dispute and the point of view of differences.The second part mainly expounds the concept,characteristics and main types of the defects registered marriage.The third part is through the analysis and comparison of the limitations of administrative remedy to propose the legal basis and advantages of the civil procedure to solve the defects registered marriage.The fourth part is the analysis of the litigation through the confirmation of the civil action,it state the value significance and feasibility of the application of the marriage establishment and the non establishment of the confirmation of the complaint to resolve the flaws in the marriage disputes and practice analysis on the specific case of how to apply for the establishment of marriage or not to confirm the complaint.