Study On The Legal Remedy For Defects During Marriage Registration Procedure

At present,China only provides administrative reconsideration and relief in administrative litigation on the issue of defects during marriage registration procedures,but does not confirm or deny the impact of defects during marriage registration procedures on the marital relationship of the parties,thus causing many problems in judicial practice.Therefore,this paper puts forward diversified remedies to solve the legislative and judicial dilemma of the current marriage registration procedure defects.Due to the limited space,in addition to the introduction,this paper mainly focuses on the following parts.The first part discusses the requirements of marriage registration procedure and the forms of defects in marriage registration procedure in practice.Points out that the marriage registration is a special kind of administrative confirmation behavior,marriage registration shall be carried out in accordance with legal procedures,procedural matters in violation of the marriage registration flaws will lead to marriage registration procedures,according to the different forms of defects can be divided into unauthorized management registration authority,the registration,the registration materials present in person to write or provide material errors,such as registration status information is not the real situation.The second part discusses the legislative and judicial status of the remedy of defects in marriage registration procedure.It is pointed out that there is a lack of institutional regulation in the marriage law and relevant administrative regulations,and through the analysis of 283 administrative litigation cases,it is found that the court mainly deals with such cases by supporting the appeal and ruling to cancel the registration.The fault of the registration authority is the main reason for the cancellation of registration.,defects have little impact on rights and obligations,and the expiration of the time limit of the prosecution is the main reason for the appeal not to be supported and not to meet the acceptance conditions.In terms of the application of law,the norms of marriage law and administrative procedure are cited in the judgments made by the court.The third part points out the deficiencies of the existing administrative reconsideration and legal remedy of administrative litigation.The reconsideration and litigation relief arefirstly limited by the time limit and the provision of evidence.At the same time,the judicial interpretation cannot well guide the behavior of the administrative reconsideration organ,and the application of the existing relief approach may increase the litigation burden of the parties,disturb the registration order and affect the social effect of the relief.In addition,administrative litigation,as the main way to handle such cases,differs in judicial application and review standards,and the judgment result may also expand the scope of revocable and invalid marriages.The fourth part discusses the construction of diversified relief approaches based on the deficiency of existing relief approaches.The e diversified relief approach is based on the absorption of the advantages of the existing relief approach,emphasizing the advantages of the civil system to solve the problem of marriage relationship and the efficiency of the administrative organs to deal with minor procedural defects to form the complementary advantages of various relief approach.Pluralistic relief first requires the construction of civil litigation relief channels such as the case of untenable marriage with respect to the true expression of the parties' will.Secondly,we should improve the legal rules for handling such issues in accordance with the administrative procedure law,and properly apply the annulment,illegal and invalid judgments on the basis of considering the substantive relationship between the parties.Finally,in addition to litigation remedy,administrative remedy is allowed to take advantage of its efficiency in solving such problems by addressing minor procedural flaws such as name and gender.