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伴随着结婚登记程序的简化,给借婚姻骗取财产、毁婚带来了可乘之机,导致结婚一方当事人隐瞒真实身份,利用虚假身份信息办理结婚登记的情形时有发生。这给另一方当事人带来了诸多麻烦。当前,婚姻法立法层面主要通过民事诉讼对无效和可撤销婚姻登记的救济,但在信息虚假一方当事人下落不明时,该救济途径难以行使(被告不符合《民事诉讼法》第109条的规定)。因此,本文认为有必要对虚假身份登记之婚姻救济作出一个系统的安排。
With the simplification of marriage registration procedures, fraudulent use of property and destruction of marriage by marriage have brought about opportunities that have led to the situation that one of the parties in marriage has concealed their true identity and has used false identity information to register their marriage. This brings a lot of trouble to the other party. At present, the legislative level of marriage law mainly provides relief for invalid and revocable marriage registration through civil lawsuits. However, it is difficult to exercise relief when the false party’s whereabouts are unknown. (The defendant did not comply with Article 109 of the Code of Civil Procedure). Therefore, this article considers it necessary to make a systematic arrangement for the marriage relief of false identity registration.