On The Legal Remedy For Marriage Using A False Identity

In judicial practice,because of the false identity register marriage disputes caused by more and more,using a false identity register marriage not only to theft or misappropriation caused damage,and bring the other side of the marriage registration disarm marriage trouble.For the injured party,how to protect their rights,the academic opinion is controversial,and the practice is not uniform everywhere.There are mutual denials between the marriage registration authority and the people's court and the civil and administrative trials within the court.How to determine the marriage nature and legal effect of the use of false identity has always been the focus of academic and judicial practice.Aiming at this situation,this article introduced three typical false identity wed in a civil case,the case study of this type found the same problem is not only the parties to choose the relief way,even the court processing result is also different.Based on the analysis of the "marriage law" and relevant laws and regulations,can be concluded that the establishment of marriage and the effective important documents and invalid marriage and revocable marriage is not out terms,using a false identity married marriage does not belong to the invalid marriage also does not belong to the revocable marriage,it should belong to the marriage registration flaws on the legal nature,does not affect the establishment of marriage.Explained in the marriage law(3)"before,our country on how to deal with this kind of case in the law does not have a clear rules,is different,the court may exist between different connection with the given situation.The marriage law interpretation(3)although the use of false identity registration marriage can be relief through the administrative reconsideration or litigation,but no matter in theory or in practice,through administrative means to handle the case clearly there is not enough,the principal causes of this phenomenon is the institution of marriage is not perfect,the marriage registration organ of authority and limits of the statute of limitations.In response to this situation,this paper puts forward the complements of marriage registration system and the confirmation of civil marital relationship in the entity.On proceedings,whether civil litigation or administrative proceedings,or there is a lot of deficiencies on program,so this article puts forward MinHang consolidated litigation mode,so as to better solve the demands of the parties,safeguard the rights and interests of the parties,reduce the connection with different situation.