On Legal Effect Of Disease In Marriage Ralationship

According to Article 7 Item 2 in Chinese Marriage Law, any disease that is regarded by medical science as being unfit for marriage is set forth as condition for impediments to marriage. According to Article 10 Item 3 in Chinese Marriage Law, it's set as condition for void marriage that any disease that is regarded by medical science as being unfit for marriage is obtained before the marriage and is not cured after the marriage. So far, no academic publication from systematic research is available in the aspect of disease for impediments to marriage in our law system. In the meanwhile, absence of Family Law and failure to synchronization with development of medical science leads to contrary judgment in judicial practice, chaos of law application and false of law term quotation.This essay mainly focuses its study on the definition of the diseases that is regarded by medical science as being unfit for marriage, analyzing and reasoning the current law terms through the judicial theoretical methodology in order to clearly define the diseases that is regarded by medical science as being unfit for marriage and categorize the diseases based on the clear definition and advanced medical study. Then the necessity of the diseases for impediments to marriage will be discussed and further the compulsive element for impediments to marriage will be concluded. In this essay, the affect of the diseases on the effect of marriage is analyzed. The idea of disease is measured and analyzed accordingly. The benefit of the disease-impeded people is well protected under judicial practice via the truth of the marriage with disease-impeded people.The concept of the essays includes following four parts: issue introduction, issue definition, issue analysis and solution to the issue.Part 1: By comparing two typical cases in judicial practice, this part introduces the contrary condition in current judicial field. Conclusion on the source of the contradiction with breakdown to related law terms, mainly on the definition of"any disease that is regarded by medical science as being unfit for marriage"in Article 7 term 2 and Article 10 term 3 in Marriage Law.Part 2: No clear definition is given in Marriage Law about any disease that is regarded by medical science as being unfit for marriage. Besides, no explanation is available in law supplement, which bring the necessity to study this topic from an explanatory aspect. The author of this essay discuss the scope of the disease that is regarded by medical science as being unfit for marriage with analysis of laws and regulations like Marriage Law, Law of the People's Republic of China on Maternal and Infant Health Care and Regulations on Marriage Registration Administration, etc.Part 3: Under the clear condition of marriage impediment, this essay categorizes the diseases based on the clear definition and advanced medical study and discuss the necessity of the diseases for impediments to marriage.Part 4: With the condition that disease is not the compulsive element for marriage impediment, discussion on reason of "void marriage" in Article 10 term 3 in Marriage Law is taken. The analysis on affect of the diseases on the effect of marriage is analyzed. The idea of disease is measured and analyzed accordingly.