Research On The Legal Relief Of "imminent Marriage"

Twenty first century is a rapid change in the century,the Chinese people' s material and spiritual life also happened to the world upside down changes,people's marriage values change,it is often seen,flash from flash marriage appeared,borrow or impersonation identity registration phenomenon also emerge in an endless stream.The above issues on the use of other people's identity of marriage,because of the lack of legislation in China's relevant laws,leading to the existence of a variety of views of the legal profession,judicial practice of such cases.Mutual prevarication between registration authorities and judicial organs and departments by marriage,marriage parties do not know where the road of relief.The effectiveness of the registration of marriage,marriage and the nature of false path suitable what kind of relief to protect the legitimate rights and interests of victims,has long been a lot and difficult legal scholars and judges debate.Looking forward to2011,the Supreme Court promulgated the "interpretation of the Supreme People's Court on Several Issues concerning the application of the " People's Republic of China marriage law,the first clear provisions of the parties to the marriage registration because of the defectsof the proceedings may apply for administrative reconsideration or bring an administrative lawsuit according to law.This provision appears to solve the false marriage of flawed marriage registration points out the relief path.Go on the road but the administrative has been strictly limited the right to revoke the marriage registration authority dilemma:the marriage registration authority to revoke the marriage certificate,the violation of mandatory provisions of administrative regulations in China;already do a reasonable review of the obligation of the marriage registration office facing marriage disputes become the defendant.According to the typical case of defects of marriage registration in the name of marriage is three different codefendant is introduced as a starting point,through the focus of dispute cases leads to the basic connotation of false marriage,and then combined with the legal problems involved in a simple analysis of the legal justice,then according to the current situation,seek to resolve the judicial path false marriage victims to maximize the benefits.In short,in addition to the introduction and conclusion,is divided into four parts.The first part is the judicial practice case for invalid marriage,marriage and marriage certificate revocation of three categories,and thefocus of controversy by marital disputes were summed up;the second part,the legal analysis on the effect of false marriage the nature of marriage registration and marriage registration flaws;the third part of the current judicial judgment in all kinds of situation of civil and administrative path path under the circumstances,the fourth part of this regulation leads to thinking of how to fake marriage disputes.