Discussions On Legal Effects And Approaches To Relief Of False Registration Of Marriage

In real life,some parties register for marriage by using the identity information of others or using fictitious identity information with the other person in the registration of marriage.This kind of marriage we call fake registration marriage.False registration of marriage is a kind of defective registration of marriage,the purpose of marriage registration in this way or for the common permanent life,or the drive of unfair interests.However,when an unnamed marriage is going to the end,what is its nature,effectiveness,through what form of relief and so on,these problems in the existing laws and regulations,there is no clear provisions,judicial practice is not a unified solution,there is no consensus in the academic community.Therefore,it is necessary to conduct in-depth discussion and analysis of these issues,this paper discusses this in five parts.The first part briefly discusses the registration of fake marriage.Firstly,starting from six typical cases,the author points out three problems in the registration of fake marriage,and then analyzes the types,causes and characteristics of the registration of fake marriage.The second part discusses the elements of marriage and its effectiveness.Firstly,it discusses the legal nature of marriage registration.Secondly,it analyzes the composition of the elements of marriage from two aspects of form and substance.Finally,it compares the effectiveness of marriage registration and marriage certificate.The relationship between the validity of marriage certificate and the effectiveness of marriage is summed up.The third part analyzes the legal effect of registering marriage under false name.Firstly,it points out that registering marriage under false name does not affect the establishment of marriage registration if there are no illegal and obstructive reasons.Secondly,it points out the differences between registering marriage under false name and the nature of both by comparing invalid marriage and revocable marriage.The fourth part elaborates the solution to the marriage registration under false name,introduces the solution to the marriage registration under false name from the role and disadvantages of administrative relief in the marriage registration under false name,and the different types of civil relief in the marriage registration under false name.The fifth part puts forward some suggestions on the improvement of registered marriage under false name in China.Firstly,we should reduce or avoid registered marriage under false name by clarifying the responsibility of the parties to registered marriage in violation of the law.Secondly,we discuss the determination of the validity of registered marriage under false name in three cases.Finally,we should proceed from the three levels of pre-registration,in-registration and post-registration.It puts forward suggestions for improving the system of marriage registration in China.