Of Ineffective Study Of The Institution Of Marriage

As the indispensable composing part of the marriage system, the invalid system came into existence in very ancient times. And since the modern times, setting invalid marriage system in the marriage law has even become the general legislation rule for most countries in the world. China passed the amendments of the currently executed Marriage Law of People's Republic of China which formally established the invalid marriage system. However, with the continuous economic and social development of China, the legislation defects of this legal system become more and more obvious. This paper is to analyze the invalid marriage system as a whole which is currently executed in China on the basis of research on its historical evolution, thus to seek for the existing problems and defects and try to propose the author's opinion on optimized invalid marriage system.The whole paper can be divided into four parts: Part-I is the introduction which mainly proposes the study object of the paper, analyzes the current status of this study theme, proposes the study methods, the difficulties, and the innovation points that this paper want to make; Part-II is the overview about the invalid marriage system which mainly makes clear about the definition of the invalid marriage, researches the historical development course of the invalid marriage system in both home and abroad and the invalid marriage system's historical constructing course in China, and stipulates the basis and legislation value for establishing the invalid marriage system in China; Part-III is the analysis and study about the currently executed invalid marriage system in China which mainly stipulates from the following four aspects: legal reasons for declaring invalid marriage and revoking the marriage, the principal party of the right of claim, the legal procedures for declaring invalid marriage and revoking marriage during the execution period of the right of claim, and the legal result of declaring invalid marriage and revoking the marriage; and the last part is the understanding of and the optimization suggestions for the problems existing in the invalid marriage system in China which mainly proposes the suggestions, such as: the legal reason for declaring invalid marriage and revoking marriage shall be supplemented; and the legal result of the invalid marriage shall take'differentiated treatment'as the principle; and the damages compensation system of invalid marriage shall be gradually established and optimized in China, targeting for the problems respectively as follows: current legal reasons for declaring invalid marriage can not cover all the conditions that can be deemed as invalid marriage in practical life; no damages compensation rules or articles be made in the invalid marriage system; and the invalid marriage and the revocable marriage have not been treated differently in legal effect, etc.