Analysis Of Defects In Marriage Registration

China's "marriage law" only has specific provisions on invalid marriage and revocable marriage,and there is still a gap in legislation on the marriage registration defects.However,in the current judicial practice,the problem of marriage registration defects is common.Because there is no uniform provisions,there are certain deviations in our understanding of the problem,resulting in a large number of different judgments in the same case.And our country will promote the problem of marriage registration defects to be solved by administrative litigation or administrative reconsideration.Because of the limitation of administrative litigation,a large number of cases of marriage registration defects can not be solved or even appear the phenomenon of "can't divorce" because they exceed the limitation of litigation.This paper sums up the cases in the current judicial practice through big data analysis and typification analysis,and divides the marriage registration defects into two categories: the marriage registration defects that affect the marriage effectiveness and the marriage registration defects that do not affect the marriage effectiveness.This paper only discusses the marriage registration defects that affect the marriage registration effectiveness.Through the detailed analysis of the marriage registration flaws that affect the effectiveness of marriage registration,this paper analyzes the specific types of marriage registration flaws after clarifying the relationship between the non establishment of marriage and the marriage effectiveness flaws,And focuses on the false identity of marriage registration this type of in-depth analysis.On the basis of the experience of dealing with the defects of marriage registration in foreign countries,the author hopes to solve the problems of marriage registration thoroughly by establishing the path of civil relief as the main and administrative relief as the auxiliary.