Comparative Study On Marriage System Between China And Australia

Family contributes great importance in constructing harmonious society, for it is the basic social unit with both personal and social property and it effects the social development and human evolution. As a basic method to establish family, marriage takes a vital role. Marriage system, recording the marital custom in different history period, represents the special social, economic, and cultural characteristics in respect era. The primary procedure in marriage system, matrimony, on one hand is personal issue which should be decided by people himself; on the other hand it should be surveiled by public administration for its social property. A reasonable matrimony system, which could make harmonious between public interests and civil welfare, will influence favorably the personal interest protection and harmonious society construction.The comparison analysis is used in the thesis to summarize the similarities and differences of the matrimony system in Australia and China. Then the deficiencies in China's matrimony system and the characteristics of matrimony system in Australia that could be used as reference in China.The thesis is constituted with five parts besides the preamble and conclusion.The first part analyzes the differences in the matrimony essentials in the marriage system in Australia and China. First of all, the requirements of getting married in the two countries are introduced. Then the similarities and differences of the requirements are analyzed.The matrimony procedures of the two systems are compared in the second part. The procedures in the two countries are legally confirmed and could not be modified discretion. The marriages in both countries are asked to publicize by certain procedure. However, the ceremony system in Australia comparing the registering system in China has more favorable effect of social surveillance and publicizing.The third part analyzes the legal effect of marriage in Australia and China with comparison. There is only invalid marriage in Australian legal system; however there is revocable marriage beside invalid marriage in Chinese law system. The regulations on invalid marriage and revocable marriage are so generalized that the will of concerned are not be distinguished good and bad and interests of the party concerned can not be protected completely.The forth part compares the different rules on cohabitation of the two systems. The cohabitation in Australia is regulated by the rules promulgated by local legislations. The Same-sex cohabitation there is equally protected, so the interests of people concerned are safe and the society stability could be sustained. But in China, de facto relationship is not regulated properly and Same-sex cohabitation is still on vacancy legally.The fifth part introduces the characteristics of matrimony in Australia, and draws enlightenments from it for perfecting the matrimony system in China.Comparing the matrimony system in the two countries, the thesis proposes that China should draw experiences from Australian matrimony system as reference and establish a matrimony system fit its national situation in globalized international community.