The Study On The Defects Of Marriage Registration Procedure And Its Remedy

In recent years,we can often see such news on weibo and other media,unmarried women go to apply for marriage registration but are told that they are married,under detailed inquiry found that their identity information was used by others,judicial practice for the treatment of such cases is often treated as divorce or invalid marriage.But after the divorce,the marital status shown on the household register is divorced,which is unreasonable for people who have never been married.Our country executes marriage to register a system,the man and woman that asks to marry both sides must deal with marriage according to legal program to register,the marriage that gets marriage certificate just is lawful marriage.The registration of marriage system is not only to standardize the registration of marriage,to protect the principle of monogamy,the principle of freedom of marriage,but also to protect the legitimate rights and interests of the parties to the marriage and the relevant third parties from infringement.Although the "marriage law" and the marriage registration ordinance of the provisions of the marriage registration system has carried on the comprehensive marriage registration should not only meet the requirement of substantial requirements and meet the requirements of formal requirements,and also rules violation or lack of the effectiveness of the substantial requirements of marriage problems,including the system of invalid marriage and revocable marriage system,but for marriage registration procedure flaw is not clearly defined.Defects in marriage registration procedures include,but are not limited to,cases in which a person falsely USES his or her identity to register a marriage,such as marriage registration in a place other than the jurisdiction,registration by a person other than the marriage registration officer,or registration in person.If the defects in marriage registration procedures cannot be properly solved,it will not only affect the protection of the legitimate rights and interests of the parties to the marriage,but also affect the stability of the marriage and family,and the credibility of the marriage registration authority.Therefore,we must find reasonable relief methods.In this regard,we can draw lessons from the successful experience of other countries and regions and analyze specific problems in light of China's actual situation."Marriage law judicial interpretation(3)" mentioned in article 1,we can apply for administrative reconsideration or institute an administrative lawsuit of the ways to solve the marriage registration procedures defects disputes,there is a big problem,but the rules ofadministrative litigation of the statute of limitations too short,a lot between registration defects problems found already from the marriage registration behavior happened in the past few years or even decades,if this time again to bring administrative prosecution,can only be court sued rejected for more than the statute of limitations.However,there is no institution of non-establishment of marriage in China,so we can not get relief through civil litigation.For such defects in marriage registration procedures,we strengthen the supervision of the state and the public on the marital status of the parties through the marriage publicity system,make the marital status transparent,and reduce bigamy and other phenomena.To establish the institution of non-establishment of marriage,confirm the establishment or non-establishment of marriage through civil litigation,on the one hand,can crack the dilemma of solving the defects of marriage registration procedures through administrative channels,on the other hand,can also provide simple and quick relief for the parties,to avoid the embarrassing situation of "being married".For those who take advantage of others' identities,we should also strengthen punishment,so that they will be punished as they should be,and whoever is responsible will bear the responsibility.