Research On The Invalid Marriage System

Marriage system is an important part of marriage and family system and invalid marriage is an integral part of the marriage system. Whether it is foreign marriage or Family Code, or China's ancient legal system of marriage and family involves the invalid marriage. It shows that people domestic and abroad attach importance to the problem of invalid marriage. The Marriage Law of the People's Republic of China, promulgated in 1950, was the first marriage law by New China. Like the first part of the marriage law, the second part of the marriage law promulgated in 1980 just stipulated substantive requirement and formal requirement, necessary condition and impediments to marriage from the front. However, people are lack of adequate awareness of getting married according to marriage law because there is no specific provision about which kind of relationship could be considered as the combination of the sexes. As a result, judicial organs deal with the relevant cases randomly. So marriage institution could not be successfully carried out and marriage law also could not play a good role. On April 28, 2001, Marriage Law (amendment) added new principle references for invalid marriage which filled in the blank on the law and perfected it. Though the two judicial interpretation and relevant administrative laws after the Marriage Law (amendment) keep continuous improvement, during the process of operation, many questions are exposed such as the imperfection of legislation, problems of sorts in judicial practice. And how to form the invalid marriage system accord with the actual state of China becomes the focus of debate of the academic circle. Many procedure and juristic problems need to be further detailed. This thesis carries out careful analysis of the invalid marriage system from this point. The thesis includes four parts except introduction and conclusion. The first part briefly discusses essential questions of invalid marriage: meaning, features, origin, history, basis and legislative model. The second part introduces invalid marriage system in some countries which belong to Anglo-American Legal System or Civil Law System and summarizes the relevant provision of invalid marriage which will serve as a reference for China. The third part refers to the invalid marriage system in China and the necessity of enacting the system. It is analyzed from four aspects about the details of the invalid marriage system in China and points out the defects. The fourth part puts forward further perfecting conception of the invalid marriage system. The thesis aims to analyze the problem of China's invalid marriage system and supply some thoughts to perfect the system.