The Concept And Remedy Of The Marriage With Defects In Registration Procedure

At present,there is a large number of marriage registration procedures in judicial practice,and the issuance of the Civil Code has not significantly improved dispute relief,and it is still seeking administrative reconsideration,administrative litigation relief.It is quite much by these two relief routes,which is not only unfavorable to dispute resolution,but also maintains the rights and interests of the parties,but also left deeper contradictions and hidden dangers,and destroy social stability.From the perspective of judicial practice,this paper takes a case of research methods,and has made a marriage efficiency analysis of several major types,and several relief paths are proposed in combination with the results of the existing dispute resolution.The first part of the content is the introduction,mainly describing the research background,and the research status of the marriage registration process,this paper is an overview of the research methods of the marriage registration process.The second part analyzes the concept and type of marriage registration procedures,and combined with practical cases to make overall effectiveness analysis of marriage registration procedures.Through China’s Referee Document Network,the author summarizes the type of case in the past two years,summarizes several types of marriage registration procedures with high frequencies,and analyzes their effectiveness.Because of the limited number of writing time and space,the main type of analysis is:use false identity information to marry the type of marriage registration,including forgery to create a false information situation,and use the information of others to use others,the intentions of others;Type;marriage registration authorities perform misconduct type,including marriage registration agencies in non-jurisdictional or transcendence jurisdiction,marriage registration authorities register error scenario.The third part mainly discusses the causes of marriage registration procedures and the cause of social consequences.According to the legal provisions of the marriage registration procedures,the status quo of the judicial practice in judicial practice,discusses the legislation of the defective disputes for marriage registration procedures and the status quo of judicial regulations,pointing out the shortcomings of existing legal regulations,and therefore caused by the social dilemma.In the fourth part,according to the types of marriage registration defect cases,combined with practice,it conceives diversified dispute resolution ways and relief mechanisms.The first path is to explore the implementation of self correction mechanism and improve their ability to perform their duties from the marriage registration authority;the second is to build a compensation system for the damage of marriage defects to punish the parties who maliciously cause the defects of marriage registration;the third is to improve the function of the judicial organs,on the one hand,to explore the trial ideas on the basis of the existing administrative litigation,On the other hand,it proposes to return the defective marriage registration cases to the category of civil litigation,so as to better understand the civil legal relationship,solve the marital and family property problems faced by the parties,reduce the litigation burden,and better save the judicial trial resources and give full play to the efficiency advantage.The fifth part makes a systematic summary of the whole article.