The right of revocation of a marriage must be exercised in a legal manner, and the parties must not rescind themselves by expressing their will. Article 11 of China s Marriage Law stipulates that the right of revocation shall be requested from the marriage registration authority or the people s court to cancel the marriage. Therefore, the revocation of a marriage can take administrative or legal proceedings.
(1) Administrative procedures. That is, the marriage registration authority announced the cancellation of the marriage. A party under coercion may apply to the marriage registration authority to cancel the marriage and issue the following certification materials:
If the marriage registration authority considers that the marriage under duress is true and does not involve child support, property and debt issues, it shall revoke the marriage and declare the marriage certificate invalid. If the parties disagree, they may file an administrative review or administrative lawsuit.
(2) Litigation procedures. That is, the people s court decides to cancel the marriage. The parties to the coerced party may bring a lawsuit to cancel the marriage to the people s court. When the people s court hears a case in which the parties to the marriage request revocation of the marriage due to coercion, summary or ordinary procedures shall apply.
The parties to the above two procedures may choose one to apply. It should be noted that, if a marriage registration authority is requested to cancel a marriage under coercion, the marriage registration authority can announce the cancellation of the marriage only if it is able to produce proof of the marriage under coercion and it does not involve child support, property and debt issues. Although the coerced party is able to produce proof of marriage under coercion, but if it involves child support, property and debt issues, it should request the people s court to cancel the marriage in accordance with litigation procedures in order to resolve the child support, property and debt issues.
Article 11 of China s Marriage Law stipulates: If a marriage is coerced, the party under coercion may request the marriage registration authority or the people s court to revoke the marriage. The reason that a marriage can be revoked refers to marriage under coercion. The judicial interpretation of the Supreme People s Court further stipulates that the so-called coercion means that the perpetrator threatens to cause damage to the life, physical health, reputation, property, etc. of the other party or his close relatives, forcing the other party to violate his true will And the case of marriage. However, in real life, marriage due to coercion is not limited to the coercion of one party to the other, but there are also situations where both parties are coerced by a third party to get married.