The Application Of Invalid Judgment Of Administrative Confirmation In The Dispute Of Marriage Registration

Since the amendment of the new Administrative Litigation law in 2015,the invalidity judgment of administrative confirmation has been applied more and more widely in marriage registration disputes.However,because the marriage registration disputes have the particularity of “combination of civil and administrative”;and the application of the invalidation judgment involves the interdisciplinary between the substantive law and the Procedural Law in theory,the research has certain complexity.As a special administrative act,marriage registration has not been paid much attention to because of its non-obvious administrative attribute and the small influence of invalidation.The standard of “significant and obvious violation of law”;in legislation has not been clearly stipulated on issues such as the validity of defective marriage registration,resulting in court decisions constantly breaking the scope of application of legal provisions,there is a certain disorder in application,which leads to the dilemma of confirming the invalid judgment of marriage registration and affects the stability of traditional marriage.This article will start with the application of administrative affirmation of invalid judgments in marriage registration disputes,analyze the current applicable chaos based on specific cases,explore the underlying causes,and clarify the applicable rules.This article is divided into four parts:First of all,the introduction states the research background and research significance.In view of the chaos in the application of invalid judgments in marriage registration disputes,which is not conducive to the stability of social relations,this research has practical significance.At the same time,scholars have not focused on marriage registration disputes in domestic and foreign research on invalidation judgments,and there are few studies on administrative confirmation invalid judgments in marriage registration disputes,and they mainly focus on civil aspects,so there is a certain research space.Secondly,as to the application of the confirmation of invalid marriage registration,it mainly explains from three reasons: “The party”,“the marriage registration authority”,“the Party and the marriage registration authority”;combined with the specific cases,the author uses the way of enumerating and summarizing to show the general situation of the application of the confirmation of invalid judgment in marriage registration disputes.This article will be from May 1,2015,the new “Administrative Litigation law”;from the date of promulgation and implementation until December 31,2019,collected on the marriage registration disputes in the affirmation of invalid judgments,summarize the application of the invalidity judgment in the marriage registration dispute,and clarify the application of the invalidity judgment in the marriage registration dispute.This article expects to understand the real situation of judicial practice and confirm the applicable status of invalid judgment in marriage registration disputes through the collation of cases.Through the existing cases,we can know that the application of the confirmation of invalidity judgment in the marriage registration dispute can be divided into three kinds of reasons.Among them,the causes attributable to the parties include the absence of one or both parties,the fraudulent use of others or the use of false identity documents,repeated marriage registration and contrary to the facts confirmed by civil legal documents;The causes that belong to the marriage registration authority include that the marriage registration authority does not have the subject qualification and the marriage registration does not have the real basis;The common causes attributed to the parties and the marriage registration authority include the violation of territorial jurisdiction by the Marriage Registration Authority and the incomplete marriage registration materials.Through combing the applicable circumstances and specific cases,we can find that there is a certain confusion in the application of the confirmation of invalid judgment in the marriage registration disputes.In the course of applying the judgment of administrative confirmation of the invalidity of marriage registration,some court decided that the act of marriage registration was invalid on the grounds of the invalidity of the parties’ marriage,there are also courts that declare a registration null and void if the act does not meet the standard of “significant and obvious violation”,and courts that “no factual basis”;for the recognition of the Registration Act null and void.These chaotic situations show that some courts do not accurately apply the administrative confirmation invalidity judgment in the marriage registration disputes,and even contain part of the civil confirmation invalidity judgment,in the absence of theoretical support,it expands the scope of application.Thirdly,from the confusion of the application of the marriage registration disputes,the causes of confusion are further analyzed.Starting from the pursuit of value,the civil judgment pays more attention to the stability of marriage relationship,while the administrative judgment pays more attention to the maintenance of public order,confirms the application of invalid judgment in the disputes of marriage registration,and conflicts with the pursuit of stable marriage relationship.When the judge decides the validity of defective marriage registration,he will make different decisions under the influence of different value tendency.After analyzing the connotation of the concept,the confusion of its application is also due to the confusion of “invalid marriage” and“invalid marriage registration”;in judicial practice.Marriage registration and marriage are closely related,but they are completely different legal concepts.There is no direct cause-and-effect relationship between invalid marriage registration and invalid marriage.On the one hand,on the issue of the application of the administrative confirmation of invalidity judgment,there is no clear legislative definition of the applicable standard for the confirmation of the invalidity judgment of the act of marriage registration,and there is also a dispute in theory,causes the confirmation invalid judgment the application standard understanding not to be consistent.On the other hand,in view of the validity of marriage registration,the legislation does not clearly stipulate the invalid situation of Marriage Registration Act,which leads to the lack of legal basis for judges to judge the validity of marriage registration act and the impossibility of applying administrative legal norms to judge it,this leads to the lack of argumentation in the application of the invalidity judgment in the disputes of marriage registration.Finally,the article will clarify the marriage registration disputes in the administrative confirmation invalid judgment rules.From the scope of application,we should limit the application of administrative confirmation invalidity judgment in the disputes of marriage registration.This is because the marriage registration dispute has certain particularity,mainly displays for the personal dependence,the public welfare protection and the moral ethics,the marriage registration behavior involves many private law factors,the administrative power itself should not intervene excessively.Because the confirmation of the invalid marriage registration affects the marriage relationship mainly in the personal and property relations,and has a greater impact on the life of the parties,the Judgment Registration Act should be more cautious.From the point of view of the applicable rules,the applicable circumstances described above should be specifically analysed.The judgment of administrative confirmation of invalidity is not generally applicable to the cause attributable to the party concerned,while the judgment of administrative confirmation of invalidity is generally applicable to the cause attributable to the marriage registration authority,while the judgment of administrative confirmation of invalidity is generally not applicable to the cause attributable to the party concerned under the executive branch obligation of due diligence The judgment of administrative confirmation of invalidity may be applied to the common cause belonging to the parties and the registration organ according to specific circumstances.