(the picture comes from a network)
[details of a case]
On March 26, 2002, some and Id, registered permanent residence carries accuser Geng Mou originally bright " Yunnan of such-and-such, home address saves full name Yin some county some countryside 53312468102**** of number of some village, Id " female citizen is in the accused place to register marry, got a marriage certificate, both sides holds bridal ceremony after and live jointly. Mechanism of classics public security is checked after solid, "Yin is such-and-such " true identity belongs to citizen of Burmese book female, the full name is Yi Mou some, enter my area illegally. Its marry the id card that when registering, submits to the accused, registered permanent residence this waiting for that all belong to false data. The Yi Mou after case hair some is gone back to the motherland by repatriate of checkpoint of frontier defence of classics of public security mechanism.
[difference]
The first kind of viewpoint thinks: The prosecution of accuser exceeds legal time limit. Accuser and Yin are such-and-such marry at was being registered on March 26, 2002, be apart from what had had 16 years today is long, had exceeded legal sue deadline, ought to reject lawfully sue;
The 2nd kind of viewpoint thinks: When the accused makes marriage register, undertook checkup lawfully to the application of party, accord with marry condition, give register and issue a marriage certificate, the fact is clear, the process is legal, should reject accuser lawsuit to request;
The 3rd kind of viewpoint thinks: The accused is registering application material form to examine all ready circumstance to fall to marrying, fail to give to false data identify, allow accuser and false data carry bright " Yin is such-and-such " deal with marry to register and issue a marriage certificate. Should marry of the accused action of the administration that register is put in great and clear illegal case, attribute invalid administration action.
[analysis]
The author agrees with the 3rd kind of viewpoint, should marry what the accused makes namely action of the administration that register is put in great and clear illegal case, attribute invalid administration action.
Accuser of allow of 1. the accused and " is Yin such-and-such " whether does the administrative action that marries to register and issue a marriage certificate attribute invalid administration action?
(1) if " Yin is such-and-such " exist far from in reality. So, the accused allow marries in the nonexistent person in reality register, belong to great and clear illegal case apparently, should register behavior to disable; (2) if " Yin is such-and-such " exist in reality so the real natural person of an identity information. Because apply for what when registering, refer,be false data, not be the true identity material with true such-and-such Yin, it is false data carries only bright the identity message with content and true such-and-such Yin is identical just, true Yin is such-and-such did not deal with to the spot register, not not know the inside story, freewill, cannot maintain accuser and true Yin Mou some builds finish marriage to register a relation. (3) the marital mechanism that register is in accept marry when the application that register, should examine an applicant to submit data not only all ready, the authenticity that submits data to the applicant is had likewise examine obligation. False data holds permit bright the person of identity information marries register, the marital mechanism that register is in to the checkup of material authenticity the respect has major mistake, such behavior that register belongs to great and clear illegal case, attribute invalid administrative action.
Whether is the prosecution of 2. accuser exceeded legal sue deadline?
Invalid administrative action from only then invalid, general cannot applicable the regulation that sues deadline. Sueing what deadline reflects is the value pursuit of Moses, be in namely safeguard administrative efficiency and effective protection administration to accept or reject relative to the balance between legitimate rights and interests of the person. Violate act badly invalidly to affirming, because of invalid administration action from only then absolutely and invalid, invalid, do not answer party so sue deadline to undertake limitative, be ensured in order to assure the legitimate rights and interests of party.
How does 3. choose marital administration correctly to register lawsuit and civil divorce suit?
(1) marry administration is registered in main body ought to be maintained wrongly for invalid administration action. Main body mistake has 3 kinds of cases, it is information of false main body, this main body exists far from in reality; 2 it is go under sb else's name is registered, risk with other identity information, use the other certificate data that falsifies phonily to deal with marry register; 3 it is go under sb else's name is registered, risk with other identity information, but the true certificate material of use other is dealt with marry register. Above 3 kinds of circumstances, no matter which kinds of circumstance all shoulds not be,treat according to effective administration action, because give priority to system error to bring about what go up without administrative law between actual principal part to marry,register, and between wrong principal part from only then the substantial important document that marries with respect to lack. If be treated according to effective administration action, because sue the problem such as deadline,give likely innocent by go under sb else's name person bring inconvenience. Did not marry between actual principal part register, cannot start civil divorce suit; Circumstance of nonexistent false main body cannot start divorce suit more; By go under sb else's name person from only then the substantial important document that does not have any marriage, start civil divorce suit to be without a meaning. Ought to start right now affirm marry the administrative lawsuit with invalid action of the administrative administration that register. (2) marry administration is registered in main body is not had by accident, but 4 kinds of when existence marriage law sets invalid marriage mix a kind but cancel marriage circumstance. Marry register concerning with marriage is an organic whole, marry right now registering also is invalid or but of cancel. But this kind of circumstance leaves suit of the unfavorable administration that start, it is advisable to still start civil divorce suit. The children that after because marriage is solved hard in administrative lawsuit,the relation removes, brings, belongings, successive wait for a circumstance. (3) marry administration is registered in put in the other such as address account mistake, a slip of a pen to register a flaw only. If this kind of circumstance asks to correct the flaw that register can start administrative lawsuit. If be a purpose in order to divorce, ought to start civil divorce suit. Because of this kind of circumstance action of administration of general short of disables or but the case of cancel, cannot achieve divorce goal.
