Invalid Marriage System

In our two"marriage law"of 1950 and 1980 , there were no the invalid marriage system ,lead to valid marriage's relieving and invalid marriage have brought about chaos on law consequence, evidently be harmful for"marriage law"to carry out and put into effect. In amendment of currently effect"marriage law"passing in April 28 , 2001, have made up this one defect. In the second chapter"Marriage", the 10th, 12 have established invalid marriage system, at the same time, Supreme People's Court's explains (one) , (two)of"marriage law"have also perfected this one newborn system. But, development of any object all needs a perfect process, invalid marriage system's establishment, is our marriage law's progress , at the same time, with this, one legal system putting into effect has also revealed the legislation deficiency. Therefore, also, problem coming across in operation in practice demanding prompt solution and improves and perfects. The main body of this thesis is passed to fundamental theory of invalid marriage system and concrete content analysis, the real situation drawing legislation of the foreign country experience union our country at present to discuss this one system. Three parts are composed of the main body of this thesis:Part I, is conceptual understanding to invalid marriage system. Sets off from the marriage nature attribute first, second, discuss invalid marriage connotation; On base of distinguished the relation of the marriage establishment and the marriage effectiveness ,further to differentiate the marriage un-establishment and the marriage invalidation.Part II, legal reasons of the invalid marriage. According to our"marriage law"four kind of the 10th regulation circumstance bigamy, have the family ties forbidding getting married , develop the disease forbidding getting married on medical science before marriage and not recurred after marriage , and not has reached legal marriageable age, come to analyze each reason's firmly believe of an invalid marriage, if not the hinder reason existence. Priority is put particular emphasis on in firm belief analyzing the bigamy, getting married of the AIDS patient problem, if not register marriage belongs to invalid marriage.Part III, the law consequence being invalid marriage. Our"marriage law", about the right of no fault direction fault just requesting the reparation and the right protection to goodwill one party does not stipulate that, be directed at our marriage law consequence lack, married current situation of our country, the legislation experience drawing the foreign country, bringing forward invalid marriage reparation system and setting up relieve system.