婚姻登记审查分为程序性审查与实质性审查。程序性审查涉及效率问题,实质性审查涉及公正问题,两种审查方式缺一不可。在婚姻登记审查过程中,应将效率与公正有效结合,以保护当事人的合法权益。本文以婚姻登记的形式审查、实质审查和二元审查为视角,通过对婚姻登记形式审查、实质审查和二元审查进行法理分析,总结梳理基本理论、基本特征、基本要求和基本程序,研究婚姻登记在形式审查和实质审查中存在的问题,提出了建立婚姻登记二元审查方式及其应对思路。
<<Marriage registration examination consists of procedural examination and substantive examination. The former involves the efficiency problem,while the later involves the fair problem. The two examination methods are dispensable. In the marriage registration examination process,efficiency shall be combined to fairness effectively to protect the legitimate interests of the party. In this paper,the basic theories,basic characteristics,basic requirements and basic procedures shall be summarized through the jurisprudence analysis of marriage registration formal examination,substantive examination and binary examination. Existing problems of marriage registration in the formal examination and substantive examination are studied,and binary examination method and corresponding thoughts of marriage registration is proposed.
<<Keywords: | Marriage RegistrationProcedural ExaminationSubstantive ExaminationBinary Examination Method |