Study On Defects In Marriage Registration And Legal Countermeasures

In the discussion of marriage and family,the issue of marriage effectiveness caused by the defect of marriage registration is one of the hot points of debate among scholars.In our country,in addition to the establishment of a marriage relationship,the consent of both sexes and the statutory substantive requirements,the confirmation of the marriage registration authority is also an essential form requirement.Although the law clearly states the legal status of marriage registration,there are very few legal norms regarding flaws in marriage registration.On the one hand,there are endless problems in practice,on the other hand,the stagnation of legislative activities,and the study of the flaws in marriage registration seems imminent.In order to clarify the effects of marriage registration defects on marriage effectiveness and how to mitigate such problems,this article will analyze the legal issues related to marriage registration defectsAt first,starting from the controversial points in the current academic circle,expounds different academic viewpoints.By comparing and analyzing the reasonable and unreasonable points between different viewpoints,it is clear that the legal nature of marriage registration is administrative confirmation.Secondly,starting from the big data of China Judgment Documents Network,by comparing and sorting out different cases,according to the causes of marriage registration flaws,the degree of influence on marriage effectiveness,and the main responsibility of the marriage registration authority,the marriage registration flaws Sort out the types and clarify the impact of each flaw on the effectiveness of marriage.Thirdly,according to several registration flaws combed out in the previous part,puts forward corresponding countermeasures and elaborates specific implementation details.At last,put forward specific suggestions to reduce the defects of marriage registration.In terms of system,it is necessary to strengthen the legislative construction for marriage registration;in terms of the power structure,the power of administrative organs to abolish should be abolished and the right to substantive review should be increased;in terms of registration measures,a publicity system should be established to expand the scope of registration,improve the punishment system and strengthen Information exchange;from the relief approach,a system of marriage failure and defect correction should be establishedThis article is based on trial practice,starting from the case data of marriage registration defects,clarifying the legal nature of marriage registration behaviors,summarizing the types of defects in marriage registration,analyzing different ways to deal with the defects,and putting forward suggestions for reducing marriage registration defects.