Research On Legal Difficulties In Solving Theft Cases Of "False Registration Of Marriage"

"False registration of marriage" is a result of the marriage party lacks the necessary conditions of marriage registration, marriage registration and use to cheat, to meet the conditions of marriage registration the identity of third were registered and the formation of a combination of both men and women. In the "false registration of marriage", because the marriage registration records the identity of the subject and the reality of marriage status not symbol, which may cause related to different subject relationship between chaos. Our country law of "false marriage registration" treatment do not make clear a regulation, judicial practice often appear" some sentenced" phenomenon. This article wants to take the comparative analysis method and the logical analysis method, the similar two cases, based on the cases handled by the two court judgment, leading cases common focus of controversy surrounding the decision, the focus of controversy to make a rational judgment and thinking, and from the legal theory and legal basis for the two angles, a decision in the presence of doubt respectively to make comments on the author's point of view.The thesis is divided into preface, two parts of body, the body portion includes four parts of contents:The first part : The proposition of the problems. Introduction of two case, according to the "false marriage registration" case, case considered divorce disputes, case two is thought to remove cohabitational relationship disputes, according to different causes to make different decisions, lead the readers to "false marriage registration" cases some sentenced to pay attention to the phenomenon of.The second part: "False registration of marriage " in legal problems. Through case analysis, summarized the "false registration of marriage" in the presence of two problems, namely: the plaintiff and the defendant legal relationship recognition; marriage registration in line with the conditions of marriage ( to be ) the original party and third the legal relationship between the identification problem.The third part : Controversies and disagreements. The case summary two problems as the starting point, the court judgment in detail the basis and reasons. On the legal relationship between the plaintiff and the defendant, the court found, from the establishment of marriage and cohabitation relationship perspective composition, make marriage and cohabitation relationship effectively established the different conclusion. Marriage registration in line with the conditions of marriage ( to be ) the original side with the third world legal relationship recognition, court respectively from the substantive elements of marriage and marriage registration administrative angle analysis, for our relationship to treatment.The fourth part :The case of the conclusion. The author from the legal theory and legal basis of angle, two court judgment. Two judgments of each has its theoretic innovation, case a sentence must not creating" marriage law" from the perspective of problems solve cases; case two rulings to flaws in the administrative registration of cases involved three main relations. At the same time two judgments of disadvantages, case verdict set up a "marriage was v. " concept, there is no legal basis; case two verdict" marriage" and" the marriage certificate is invalid" confuse sth with sth else. The author through to the above two cases judgment analysis, proposed a " false marriage registration" cases of civil and administrative sections, respectively, in civil litigation and administrative litigation. And then put forward the case to perfect the relative legal system in China the enlightenment, namely to provide wedding announcement system, perfect illegal marriage system and the system of non-marital cohabitation.