Research On Marriage Registration Defects From The Perspective Of Harmonious Society

Harmony is a term with distinctive characteristics of the times.In response to the current needs of social development,General Secretary Hu Jintao pointed out clearly the basic contents and value goals of a harmonious society to be established in our country,specifically including democracy and rule of law,fairness and justice,honesty and fraternity,fullness Vitality,stability and order,harmony between man and nature six elements.Among them,the democratic rule of law plays the leading role in all elements and is the necessary prerequisite for realizing other elements.In other words,the rule of law is the most important mechanism for building a harmonious society.However,Marx once said that marriage is the basic unit of the family and that the family is the necessary prerequisite for the social organism.To build a harmonious society,it is inevitable to promote the building of a harmonious family.Marriage,as the most basic unit for the formation of a family,naturally becomes a basic and necessary task in building a harmonious society.To guarantee the construction of marriage and family with law is the inevitable way to build a harmonious society under the current background of rule of law in our country.Although at present our country has successively promulgated a series of laws and regulations to regulate marriage registration,the issue of the defect of marriage registration is still in the gray area of law.The so-called "marriage registration defects" refers to the marriage registration process,due to the marriage registration authority or administrative counterparts,resulting in the marriage registration behavior there is a slight violation of the law that is in line with the law only registration is lacking or imperfect Marriage registration.The common defects in practice can be divided into the main flaws,the content flaws and the procedural flaws.However,these problems have not been solved uniformly both in the legislative and the judicial aspects,and indeed have the theoretical and practical significance of the research.In view of this,I intend to under the framework of a harmonious society,fair andjustice as the goal of value,legal governance as a system to protect the marriage registration flaws to make a discussion.The author believes that the solution to the problem of marriage registration defects should be based on the marriage "establishment and entry into force" theory as a benchmark for minor defects of the marriage registration can be corrected or reconfirmed,but for those who can not be corrected or registration agencies refuse to correct the registration defects The question should be included in the civil litigation of the confirmation of the establishment of marriage,and because of the strong personal attributes of the marriage registration,the stability of the marriage should be kept as far as possible.It is not advisable to directly negate the validity of registration of defective behavior.