Invalid Cross-strait Marriage System And A Comparative Study

The new marriage law established the invalid marriage system for the fist time ,and filled up the blank of the mainland law-legislation .The invalid marriage regulation is an importance part of getting-married-system, and benefit to the citi/en and his son and daughter, and urge to establish legal marriage relationship. The comparison of invalid marriage regulation between Taiwan and mainland has importantly realistic meaning to handle with the dispute and deepen theory of marriage and family regulation. According to the concept of the invalid marriage system, this thesis compared the problem concerning the invalid reason of marriage, confirming invalid marriage, and the result of invalid marriage, etc. problem between Taiwan and the mainland.The invalid marriage system originated the ancient law. The invalid marriage is not a kind of marriage. The invalid marriage breaches getting-married-regulation, so it is a kind of behave that break the law. The mainland uses three articles to regulate invalid marriage, and Taiwan use nine articles to regulate invalid marriage. The invalid marriage system of the cross-straits divides invalid marriage and repeals invalid marriage, i.e. absolutely invalid marriage and opposite marriage.The reason of defining invalid marriage includes violating substantively important item and procedural!) important item. Because bigamy is regarded to violate one-husband-one-wife system seriously, it belongs to invalid marriage in the law of the cross-straits marriage-law. Close relative matrimony is also regarded as invalidmarriage. But the articles of Taiwan's marriage law are more strict and definite than the mainland's. In Taiwan, it couldn't marry that not only between direct descendent blood kin and collateral branch blood kin on a certain scope, but also direct descendent kin by marriage and collateral branch blood kin on a certain scope. Otherwise, cheat the matrimony or violating procedure's marriage are invalid marriage, too.Confirmation of invalid marriage. In Taiwan absolute invalid marriage can be classified no avail ,110 avail from the beginning and no avail of course. Anyone, at anytime is entitled to nullify the marriage without the court's pronounce judgment relative invalid marriage however , depending on the different causes, has different requiring bodies and different requiring limitation. Then rescinded by the courts. In mainland by law, both absolute invalid marriage and relative invalid marriage must have an indicated requiring body and must have the court's pronounce judgment. The pronouncing organ is also different from Taiwan. It can be the court or the matrimonial requisite agency.Validity of invalid marriage. Both Taiwan and Mainland regard absolute invalid marriage no avail from the beginning, and can be tracked back when a new connected. Law appeal's. But as for relative invalid marriage, Taiwan regards it invalid from the date when pronounced.No avail can't be tracked back. While Mainland regards it no avail from the beginning. When the marriage is invalid. Mainland handle the common property according to the rules of illegal cohabitation. While Taiwan adopts the rules of divorce. Moreover, Taiwan has its policy of competent savory damages and oldalimony ,Mainland doesn't .Mainland regard the sons and daughters, either absolute invalid marriage or relative invalid marriage as illegal-marriage ones ,but the sons and daughters share equal rights to one ot legal marriage, And the sons and daughters of absolute invalid marriage as illegal-marriage ones. Absolute invalid marriage children only become legal marriage ones with special grant or recognized by their real father.