Research On Improvement Of Invalid Marriage System In China

The Invalid Marriage System has been established in most countries in the world, such as, the Civil Code of France in 1804, the Civil Code of Germany in 1804. Afterwards, this system has been established in the countries like Swiss, Japan, and England, and even in some states of the USA. This system took a late initiative step in our country. Law of Marriage and Family in 1950 stipulated the substantive requirements and formal requirements about marriages,but it lacked of the relevant content concerning invalid marriages in marriage system, which is the same to the Law of Marriage and Family in 1980. The long-term absence of the Invalid Marriage System caused our marriage system not to be implemented thoroughly, and brought a lot of inconviences to judicial practitioners. Fortunately, Law of Marriage and Family (Bill of Amendments) in 2001 replenished the content concerning the Invalid Marriage System. The establishment of this system is a great improvement of marriage legislation in our country. Its main purpose is to set up the system, to improve the structural system of marriage legislation, and to provide legal ground for legal practice. The Bill of Amendment is only a transition to marriage and family part of civil law. So there are still many places about the content of invalid marriage system which needs further perfection.Legislative proposals are put forward to perfect our active invalid marriage system, based on elaborating on the basic theory of invalid marriage system with contents and defects of our invalid marriage system.The text is made up of four parts besides preface and conclusion. The first part mainly introduces the basic theory of invalid marriage system, including the concept of invalid marriages, the history and significance of invalid marriage system. The second part mainly talks about the construction of our active invalid marriage system. The third part puts the emphasis on the analysis of our active invalid marriages system's detailed contents from four angles including legal causes, claimers with application term, legal procedures and legal consequences, then points out the defects after looking back the history of our invalid marriages system. The fourth part gives proposals about how to perfect our invalid marriages system in respect of reconstruction of legal causes, various types of effectiveness, then how to punish the faulty side and relieve the guiltless one, through analyzing the basic theory of invalid marriages system and the details of our active invalid marriages system, learning from legislative experience of other countries, respecting our historical tradition.