婚姻登记引起的纠纷,有单纯的行政侵权与婚姻效力两类。但由于长期以来对两类不同性质的案件缺乏辨析,以致处理婚姻效力纠纷的立法与司法机制在职能定位、执法权力配置、诉讼路径选择等方面均存在明显缺陷。一是错误赋予婚姻登记机关处理婚姻效力的职能与权力纠纷;二是错误适用行政诉讼解决民事婚姻效力;三是婚姻效力的主管部门重叠,职能交叉,既有分工错误,越权越位,又有盲点死角,该管的案件无人管。婚姻效力纠纷诉讼 Disputes arising from marriage registration, there are two types of administrative violations and the effectiveness of marriage. However, due to the lack of discrimination between the two types of cases of different nature, the legislative and judicial mechanisms that deal with the dispute of the effectiveness of marriage have obvious flaws in terms of their functions, the allocation of law enforcement powers and the choice of litigation path. First, the function of mistreatment of marriage registration authorities to give effect to the effectiveness of marriage and power disputes; Second, the application of administrative litigation to solve the effectiveness of civil marriages; Third, the competent authorities of marriage overlap, cross-functional, both the wrong division of labor, over-the-top offside, there are blind spots Dead ends, the tube case no one tube. Marriage effectiveness dispute litigation