Comment On The Cancellation Of Illegal Marriage Registration Behavior

The fact that registration authority revokes illegal marriage registration behavior is little discussed in the existing documents, and is relatively unfamiliar in the practice, illegal marriage registration behavior is revoked in accordance with the provisions of administrative reconsideration law and the administrative procedure law, without taking specific situation into account, In light of the registration, ambiguity of positive law and hysteresis of current theory and research, The provisions of Marriage Law and Management Regulations on Marriage Registration" have often been misused or misunderstood when in the practice the revocation of illegal marriage registration behavior should be restricted, This article, from the point of discussion, begins with the nature of marriage and registration behavior to analyze the efficacy content of marriage registration behavior, coupling with the theory about efficacy content of administrative behavior, and meanwhile puts forward its own viewpoints on the cancellation of illegal marriage registration behavior through the specific case.This article is divided into five chapters except preface and peroration.Chapter 1:Putting forward the questions. Through several typical cases, The problems about administrative law are put forward as followings:illegal marriage registration behavior. In which situation can the defective marriage registration be cancelled? What is the restriction when revoking the illegal marriage registration behavior? whether the difference between cancellation inside and outside relief procedures should be made? how to protect the trust and benefits of the relevant innocent parties' for marriage registration behavior?Chapter 2:Putting forward the questions. Through several typical cases, The problems about administrative law are put forward as followings:illegal marriage registration behavior. In which situation can the defective marriage registration be cancelled? What is the restriction when revoking the illegal marriage registration behavior? whether the difference between cancellation inside and outside relief procedures should be made? how to protect the trust and benefits of the relevant innocent parties' for marriage registration behavior?Chapter 3:the efficacy content of marriage registration behavior. This chapter points the main difference between marriage registration behavior and specific administration behavior through exploration of law nature of marriage registration behavior. The difference is the handling of non-one side, the form of examination, rigid discipline, partiality of efficacy source, the punishment of personal right, The article, combining with the feature of marriage registration behavior consider the marriage the voluntary product of the related parties. Therefore, the effectiveness of marriages should not include executive force, it has the specific manifestation:The presumptive force, the force of determination, binding force, reflective force.Chapter 4:The types of cancellation of marriage registration behavior based on the analysis of nature and effectiveness of marriage registration behavior, this chapter points that the cancellation of illegal marriage registration behavior can be microscopically classified as cancellation inside and outside relief procedures respectively, cancellation outside relief procedures can be divided into cancellation of registration authority and higher authority, the cancellation of registration authority into cancellation in accordance with authority and application respectively.Chapter 5:Restriction on the right to revoke illegal marriage registration behavior. Combining with nature of marriage registration, efficacy content, the type of right to revoke and analysis of specific cases, This chapter points that illegal marriage registration behavior should be restricted on the following five aspects effectiveness and procedures, the true expression of the related parties, the protection of trust and interests, irrevocable content and revocation without actual meaning.