Invalid Marriage System And Revocable Marriage System

People make up the family through the marriage , thus make up the whole society. So marriage concern both interests of citizen personal and public interests of whole society. Numerous illegal marriages existing in social life cause danger to public interests and personal legal rights and interests. Nowadays,in the countries implementing democratic system, the laws all carry on direct and clear intervention to the marriage , in this aspect invalid marriage system and revocable marriage system can't be lacked. It is the legal system to handle the illegal marriage, it is formally created in temple law of Middle Ages of Europe .It is further developed in capitalist era. Nowadays, though legislative style varies in different countries ,all main countries all over the world have set up invalid marriage system and revocable marriage system.Our country has also set up this system in marriage law revised on April 28 , 2001, and adopted the dual track system setting up both invalid marriage system and revocable marriage system. It is a great historical progress on development history of marriage law of our country, but this system is still at initial stage in our country, a lot of weak points exist. This text attempts to explain the legislative meaning of invalid marriage system and revocable marriage system and the aspects needing completede.The main body of this text divides into three parts:Part one describe the necessity of invalid marriage system and revocable marriage system in our country. Through investigating the development history of the invalid marriage system and revocable marriage system and legislative examples of various countries , this text seek the intension and system function of the invalid marriage system and revocable marriage system, and compare it, thus analyze the necessity of our country establishing the invalid marriage system and revocable marriage system and adopt ing the dual track system .Part two outlined the legislation overview of invalid marriage system and revocable marriage system in our country. According to present marriage law and the correlation judicial interpretation,this part analyzes the concrete rule of the invalid marriage system and revocable marriage system of our country. It mainly includes three aspects: One is the matter which cause the marriage invalid and revocable,the second is the procedure the marriage is declared invalid and is cancelled,the third is the legal consequence of invalid marriage and marriage which is cancelled.According to the intension of invalid marriage system and revocable marriage system and using the legislative experience of the other countries for reference ,part three make a concrete analysis of the defects in various fields of invalid marriage system and revocable marriage system in our country ,also offer the suggestion of comleting the system. This includes the devided origin of incident between invalid marriage and revocable marriage, the people who have the right to request declaring marriage invalid and canceling marriage,the time limit of right to request, the department handling the invalid marriage and revocable marriage,and the legal consequence of invalid marriage and marriage which is canceled.