China Is Invalid To The Institution Of Marriage

The first law is "Law of Marriage and Family" (in 1950) after establishing thePeople's Republic of China, with substantive requirements and formal requirementsabout marriages, but without content about invalid marriages system, which is the sameto "Law of Marriage and Family" (in 1980). Our marriages system can't be carried outwell because of the long – term defect of invalid marriages system. Eventually, "Law ofMarriage and Family" (bill of amendment) (in 2001) adds the contents of invalidmarriages system. The bill of amendment is only a transition to marriage and familypart of civil law, so there are still many places about the content of invalid marriagessystem which need further perfection. Legislative proposals are put forward to perfectour active invalid marriages system, based on elaborating on basic theory of invalidmarriages system with contents and defects of our invalid marriages system. The text ismade up of three parts besides preface and conclusion.The first part mainly introduces the basic theory of invalid marriages system,including the concept of invalid marriages, the history of invalid marriages system, thelegislative basis and legislative value. At the same time, it summarizes the content offoreign invalid marriages system. Finally, it generalizes the legislative trends of thecontemporary invalid marriages system.The second part mainly talks about the construction of our active invalid marriagessystem. This part puts the emphasis on the analysis of our active invalid marriagessystem's detailed contents from four angles including legal causes, claimers withapplication term, legal procedures and legal consequences, then points out the defectsafter looking back the history of our invalid marriages system.The third part gives proposals about how to perfect our invalid marriages system inrespect of reconstruction of legal causes, adding the claimers, the single competentorgan, various types of effectiveness, cut apart property equitably, then how to punishthe faulty side and relieve the guiltless one, through analyzing the basic theory ofinvalid marriages system and the details of our active invalid marriages system, learningfrom legislative experience of other countries, respecting our historical tradition.