(i)
In 2000, Zeng and Li went through marriage registration at the Civil Affairs Bureau, and because Zeng's children did not agree to their father's remarriage, they withheld Zeng's household registration book and identity card, and Zeng issued additional identity certificates at the police station afterwards and submitted them to the Civil Affairs Bureau for marriage registration. In 2008, Zeng died of illness, and Li inherited most of Zeng's property according to his will. In 2010, Zeng's children sued the Civil Affairs Bureau on the grounds that the marriage certificate was incomplete and zeng's fingerprints on the marriage registration application were forged by Li, demanding that the father's marriage registration be revoked.
The situation in the case has also been seen in some films and televisions, but the analysis of the original commission in the film and television is generally handled relatively roughly, and the ending is generally as the public hopes to see. In fact, the act of marriage registration is the confirmation of the relationship between the civil parties by the marriage registration authority, and the legality of their behavior is reviewed, so more attention should be paid to the substantive issue of whether the two parties have voluntarily married. Regardless of the situation in the case or in some rough film and television, as long as the parties are voluntary and there is no legal prohibition or invalidity, the marriage registration is found to be valid, and even if the marriage registration procedure is flawed, it is not enough to negate the validity of the marriage registration act.
According to the relevant laws, according to article 4 of the Regulations on the Administration of Marriage Registration, the Marriage Registration Administration Office is the competent marriage registration management department authorized by the Civil Affairs Bureau and has the function of marriage registration management. When handling the registration of the marriage of Li and Zeng, he fulfilled the registration and review obligations of the state administrative organs. The Civil Affairs Bureau requires Zeng to go to the police station of the place of household registration to issue an identity card certificate before he can obtain a marriage certificate, which is in line with article 13 of the Regulations on the Administration of Marriage Registration, which stipulates that "when the party applying for registration is interfered with by the unit or others and cannot obtain the required certificate, it shall be registered if it is found by the marriage registration management organ to indeed meet the conditions for marriage". Therefore, in the case, Li and Zeng voluntarily and legally went through the marriage registration procedures. Zeng's children's conditions for filing a lawsuit were not established, so they were dismissed.
(ii)
In 1985, he received a "marriage certificate" stamped by the village committee from a certain and Wen. During this period, the two had two children, and later because of family chores and work problems, the two had more and more contradictions and began to live separately. By 2012, he filed a divorce petition with a certain person.
The marriage registration village committee stamped, at first glance this matter is a bit unreliable, after all, the marriage is a big thing, this is a bit hasty. However, is their marriage legal? According to the relevant laws, although the parties received the marriage certificate on July 25, 1985, the marriage certificate reflected that the issuing authority stamped the seal of the village committee, which violated the relevant provisions of the "Marriage Registration Measures" approved by the State Council on October 23, 1980 and issued by the Ministry of Civil Affairs on November 11, 1980, article 6 of which stipulates that the marriage certificate and divorce certificate shall be uniformly printed by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and shall be stamped by the people's governments of the first (banner), municipal district or non-districted municipalities. Article 7 stipulates that the organ for registering marriages shall be in the urban subdistrict office or the district people's government; in the rural areas, it shall be the people's commune management committee and the town people's government. Where the marriage registration authority is far away and transportation is inconvenient, the county (banner) people's government may entrust the nearest relevant grass-roots unit to handle the marriage registration work. Therefore, the marriage certificate in the case does not have legal effect.
According to articles 1 and 6 of the Supreme People's Court's "Several Opinions of the Supreme People's Court on the Trial of Cases of Cohabitation and Living together in the Name of Husband and Wife Without Marriage Registration", if it is a de facto marital relationship between Xiang X and Wen X, mediation shall be conducted first, and if the marriage relationship is reconciled or the lawsuit is withdrawn after mediation, the marriage relationship shall be confirmed to be valid, and a mediation letter or ruling shall be issued, and if the reconciliation cannot be reconciled after mediation, the divorce shall be approved by mediation or judgment. In this case, in the end, it could not be reconciled and agreed to the appeal to so-and-so. (To be continued)