Article 4 of the Regulations on Marriage Registration promulgated by the State Council on August 8, 2003 stipulates that when mainland residents get married, both men and women should * * * register their marriage at the marriage registration office where one of them has his permanent residence. If a China resident marries a foreigner in the mainland of China, and a mainland resident marries a Hong Kong resident, a Macao resident or an overseas Chinese in the mainland of China, both men and women shall * * * go through the marriage registration office where the permanent residence of the mainland resident is located. This provision makes it clear that both parties to the marriage registration must be present to sign, so as to show that the registration act is the expression of the true will of both parties, which is in line with the provision in Article 5 of the Marriage Law of the People's Republic of China that marriage must be completely voluntary by both men and women. In real life, it often happens that when registering for marriage, because the parents or other relatives and friends of both men and women are close and familiar with the staff of the marriage registration office, relatives and friends will register and get the marriage certificate on their behalf. Later, there was a conflict between husband and wife, and one party sued the people's court for divorce. At this time, should the people's court regard the marriage as invalid or revocable? The author analyzes this article.

First, the situation of invalid marriage

Article 10 of the Marriage Law of the People's Republic of China stipulates that marriage is invalid under any of the following circumstances: (1) bigamy; (2) Having a kinship that prohibits marriage; (three) suffering from diseases that are medically unsuitable for marriage before marriage, and are not cured after marriage; (four) under the legal age of marriage. Obviously, the constitutive requirements of invalid marriage are legal conditions. Only when the subject applying for invalid marriage applies for declaring the marriage invalid in these four cases, and the invalid situation has not disappeared, the people's court will support it.

Second, the conditions for revocable marriage

Article 11 of the Marriage Law of the People's Republic of China stipulates that if a marriage is coerced, the coerced party may request the marriage registration authority or the people's court to cancel the marriage. Therefore, the legal condition for revocable marriage is coercion.

Three, the parties did not attend the divorce case when handling the marriage certificate.

If the parties to the marriage are not present when handling the marriage certificate, which meets the legal conditions of invalid marriage or revocable marriage, it can of course be treated as invalid marriage or revocable marriage. If it does not meet the requirements of invalid marriage or the legal conditions of revocable marriage, the author believes that it is neither an invalid marriage nor a revocable marriage and should not be regarded as a civil case. Through administrative litigation, you can request the people's court to cancel the marriage registration behavior of the marriage registration authority or apply to the marriage registration authority to cancel its illegal registration behavior on its own. If the marriage registration office is not revoked according to law, the applicant may file an administrative lawsuit against the omission of the marriage registration office.

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