On The Relief Path And Perfection Of Marriage Registration Defect Disputes

In real life,because of the separation of identity information and identity,the marriage registration authority is only a formal examination of the identity of the applicant,can not accurately identify the authenticity of the identity of the applicant,resulting in the marriage registration process flaws,Inconsistent with the content of the situation.The marriage registration defect dispute cases both the characteristics of public law and private law,China's legislation on the issue is still not perfect,far from meeting the marriage registration defect dispute needs.Only by combining China's specific national conditions and starting from the essential attributes of marriage registration,it is necessary to establish a reasonable and feasible relief system for the parties through civil litigation,so as to effectively safeguard the rights of citizens and guarantee the fairness and justice of justice.The case cited in this article is a typical type of marriage registration defect,that is,the marriage applicant forged identity documents for marriage registration.Due to the lack of clear legal provisions on the relief path,the parties choose to bring an administrative lawsuit,due to more than the limitation of action was dismissed,after the divorce civil action.The court in the course of the trial,whether the case should be resolved through civil action or administrative litigation,whether the marriage is valid,whether it can initiate divorce proceedings and other issues controversial,highlighting the issue of marital registration in China,the problem of lack of law.Eventually,the court to determine the marriage between the parties effective,due to the situation of the couple rupture,ordered the lifting of the marriage between the two sides.This article mainly discusses the controversy in the process of the above-mentioned trial and discusses the reasonable relief path of the marriage registration defect dispute,so as to provide some useful reference for the trial of such cases.