On The Validity Type Of Marriage Registration Flaw And The Solution Path

The defects of marriage registration discussed in this paper refer to the defects caused by the violation of the procedural requirement of marriage registration in the process of marriage registration.China revised the marriage law in 2001,adding invalid marriage system and revocable marriage system,which were designed for the lack of essential requirements for marriage.However,there is no provision on how to define the validity of marriage and how to solve the problem of the procedural defects in marriage registration.This has led to the judicatory practice of the same case with the obvious phenomenon of different.In this paper,the author tries to analyze the related problems of marriage registration defects systematically and puts forward the improvement ideas of this kind of problems.This paper analyzes the defects of marriage registration in four parts.The first part is an overview of marriage registration defects,briefly introduces the basic concept and basic situation of marriage registration defects in this paper.This paper analyzes the characteristics of various situations and gives a preliminary definition of marriage registration defects.The second part,the specific analysis has the marriage registration flaw validity.It is mainly described from three aspects: the legal nature and legal effect of the defective marriage under the marriage registration,and the main viewpoints of the academia on the recognition of the validity of such marriage.In the third part,the author analyzes the advantages and disadvantages of the remedy way to deal with the marriage registration defect cases.This part mainly discusses from three aspects,namely,the defects in the path of administrative reconsideration,the defects in the path of administrative litigation and the advantages in the path of civil litigation.The fourth part is about the improvement of marriage registration defect cases.In terms of substantive law,it is necessary to improve the marriage registration system,establish the marriage announcement system,compare with the registration system of real estate,establish the marriage objection registration and correction registration system,and reduce the phenomenon of marriage registration defects at the source.In addition,the concept of the establishment of marriage should be introduced to distinguish the establishment and effectiveness of marriage.In terms of procedural law,the establishment and non-establishment lawsuits of marriage should be added in civil proceedings.In addition,in the process of law enforcement,the relevant procedures of marriage registration should be strictly controlled by making full use of artificial intelligence,and the Internet should be used to implement networked management of marriage information.