To Register The Legal Effect And Remedy Of Marriage By False Identity

With a fake id to register marriage is the marriage registration procedure flaw of a typical case,and in our current legislation and judicial practice to identify and deal with this kind of problem there are many problems.In the false identity registration and form of marriage,marriage law on how qualitative,parties and change in what way to make their rights to obtain the very good relief?"Fake marriage" to form a marriage can be set up,if is true,it is revocable marriage or effective relationship?If is revocable marriage,should be through civil litigation solution or institute an administrative lawsuit?For these problems,our country marriage legislation on all have no a clear and unified regulation,lead to the lawful rights and interests of the parties tend to be not very good benefits.So how to false identity wed in a civil case the qualitative,and how to make a more appropriate of the injured party,more comprehensive relief is the problem to be solved urgently.This article mainly through three parts to discuss the above questions.First of all,married with a false identity of typical cases as the breakthrough point,through the analysis of typical cases related to outline with false identity of the types and characteristics of marriage registration.Again,in the various kinds of "fake marriage",and then by combining the knowledge of the administrative procedure law and the civil procedure law,on the basis of the theory of classification of v.and the distinction between civil juristic act was established and the effective theory,puts forward the theory of marriage constitutive requirements.Thus for our country’s marriage form element theory to study and put forward some own opinions and Suggestions.Finally,in the clear with false identity wed in a civil case belong to after marriage is not established,through the proposed establishment of marriage was not suit to make caused by "fake marriage" in lawsuits,the rights of the parties to get better benefits.Finally on our country’s marriage legislation and judicial practice some changes of its recommendations.