Research On The System Of Legitimate Denial

In recent years,in the judicial practice of our country,the number of litigation cases denied by marriage has gradually increased.However,the Marriage Law does not have detailed physical or procedural provisions for denying marriage.In the legislative process,although a small number of approvals and judicial interpretations have been issued to stipulate the marriage and child relationship,the regulation are Reply of the Supreme Court of 1956 and Article 2 of the Judicial Interpretation of Marriage Law(3)in 2011,But there are some shortcomings in these regulations.which is difficult to operate in judicial practice.And compared with other countries,there are still many shortcomings,the conditions for prosecuting denial of marriage,the right to deny the right holder,and the period of denial the questions are not covered.At the time of the drafting of the Civil Code,the system of denial of marriage and marriage is a detailed structure of the Code.The understanding of the academic circles is not uniform,so it is more necessary to discuss.Based on the real cases in judicial practice,this paper puts forward the problems existing in the system of denial of marriage.In combination with the relevant provisions of the extraterritorial law,this paper analyzes the current situation and shortcomings of the system in China,and finally proposes to construct a system of denial of marriage in China.This article mainly consists of five parts:The first part,bringing up research questions through case studies.Through cases in practice,the question to be studied,including the denial of the right to denial of marriage and marriage,the period of denial of the right to exercise,the legal cause of denial and the legal consequences,lay the foundation for future research and analysis.The second part explores the necessity of establishing a system of denial of marriage.Necessity refers to the study of the meaning of the system of denial of marriage,and its significance is that the system of denial of marriage is conducive to protecting the interests of the parties to the marriage,maintaining the stability of the marriage and family,and improving the legislation related to parent-child relationship.So have the necessity to study it.The third part is to study and analyze the denies the right holder.examines and evaluates relevant legislation of other countries and regions,and sorts out the identification of denial rights holders in China's theory and practice,and proposes the system of denial of marriage in China.The husband,wife,and children should be denied as the right holders,and the specificsituations of the wife and the child as the denial of the right holders should be analyzed in detail;The fourth part is to study and analyze the conditions for the exercise of the right to denial of marriage,including the legal reasons and period of exercise,based on the study of other countries and regions,and finally propose that the husband has no fertility,the husband and wife have no sexual behavior during the child's conception,through paternity test Proof that the non-native and other evidences prove that the child is not a biological person,as a legal cause of denial of marriage,and set the period for exercising the right of denial as a one-year proposal;The fifth part analyzes the legal consequences of the denial of marriage.On the one hand,the establishment of the denial of marriage will result in a change in the identity relationship between the presumed father and the child.The parents and children no longer have the original rights and obligations;on the other hand,if father as a denial holder,the father will have the legal consequences of requesting the return of maintenance or compensation for moral damage.If the adult child acts as a denial holder,it will have the legal consequences of returning the maintenance and paying a certain maintenance.