(武汉大学法学院,湖北 武汉 430000)
On the Dilemma of Marriage Registration Defects and Its Path Selection
RAN Ke-ping, ZENG Jia
(Law School of Wuhan University, Wuhan 430000, Hubei)
Abstract: The effectiveness of the flaws in marriage registration is not clearly stipulated in law. There are many problems in judicial practice. For example, the court tried to determine the validity of marriage through administrative litigation. When the people ’s court hears cases of flaws in marriage registration, the validity of marriage is resolved together. The roots of these problems are the confusion of the three concepts, which is no marriage and flawed registration marriages, effect of marriage registration and effect of marriage, defective registration and defective marriage. Defects in marriage registration involve two aspects of legal relationship-the civil legal relationship in marriage and the administrative legal relationship in marriage registration. To clarify the flaws in marriage registration should return to the origin of civil and administrative litigation, and clarify the division of functions and areas of jurisdiction. Defects in marriage registration can be resolved by referring to the method of correction and registration of real property, instead of ruling that the marriage is invalid or not established.
Keywords: defects in marriage registration; validity of marriage registration; validity of marriage; correction of registration