Study On The Effect And Judicial Relief Of Martial Registration Under A Fake Identity

Martial registration system,a system of legal procedures,is set to standardize the martial relationship between citizens.Ever since the implementation of legal marriage in 1950,this system has been playing an essential role in maintaining public order,protecting the legal rights of the citizens and promoting social harmony.However,in recent years,various types of disputes caused by making martial registration under a fake identity to conceal the truth have brought the martial register and the third party enormous trouble even damage.During the judicial practice,when they are seeking legal reliefs,they also have to face certain practical problems,such as not qualified to be a subject in a lawsuit and going beyond the limitation of action.At the same time,the intersection of the civil lawsuit and administrative lawsuit has made it hard for the related obligee to determine the rights and duties between the two parties under circumstances that the civil court and the administrative court shift the responsibility onto each other,thus there's no way to get real powerful relief.Therefore,how to judge the martial effect of the marriage registration under a fake identity and adopt suitable relief methods is an important issue which has attracted more and more attention of the judicial judgment at present.This thesis aimed to make clear the effect of the martial relationship in cases like this and seeking reasonable relief means proceeding from two classic cases of martial registration under a fake identity.By making conceptualized and cluster analysis of these cases and combining the mainstream idea from the basic theory in civil laws and academic circles,the author analyses the efficiency of martial registration under a fake identity and relief means in detail to provide feasible suggestion for settling these disputes and uphold the legal rights of the citizens.The whole thesis is divided into three parts:The first part is elaborating the present situation of the martialregistration under a fake identity.In this part,the author presents two classic cases featured with martial registration under a fake identity in order to bring out the problem exists in real life and makes cluster analysis by interpreting the various manifestation of martial registration under a fake identity.The second part is making a judgment of the efficiency in the cases featured with martial registration under a fake identity on the basis of the illustration of the main idea from legal identification in martial relationship.In this part,the author combines the relevant requirements for confirming martial relationship in law theory and legislative practices by analyzing the legal effect of martial registration under a fake identity.The third part is pointing out the problem and insufficiency of present relief means and coming up with the suggestion of establishing a lawsuit of confirming the martial relationship by elaborating and analyzing the present relief means.From the author's perspective,the present legislation has certain defeat on the affirmation and dispose of the case featured with martial registration under a fake identity.The lawsuit of confirming the martial relationship can not only meet the demand of distinguishing the establishment and validity of a marriage,but also can satisfy the subject of right with their basic needs of rights relief.