Theory Of Invalid Marriage And Revocable Marriage System

Marriage concern both interests of citizen personal and public interests of whole society. People start a family through the legal marriage, and then build the whole society and the state. Marriage is the most basic civil legal relationship in society, and has been taken seriously by state and people throughout history. People regard marriage as very sacred things in life. Countries also mostly rule a series of events and principles about marriage and effects through the legislation, to strengthen national supervision and management of marriage, and in order to promote the development of marriage healthily. However, in the reality of the social life, there always will be a lot of illegal phenomenon. Of course the marriage field is no exception. It causes some adverse impact to the marriage, family stability and even the social ethics and the normal order. Invalid marriage and revocable marriage are the serious illegal marriage. These two kinds of marriage in history, have a very long history. Since harmful effects of the two marriage, most countries in the world have established their own invalid and revocable marriage system, and to regulate marriage legal relationship, punishment for illegal marriage parties through the legislation. But in the specific provisions each country uneven. Our country ancient rites may involve of the invalid marriage, but the time truly established the invalid marriage and revocable marriage system in the law is late. Because our invalid marriage and revocable marriage is in legislation blank in a very long period of time in history, it starts later, and is still in the initial stage. Since "Law of Marriage and Family"(bill of amendment)(in2001)added the contents of invalid marriages system, it is also in the constant development and improvement. But there are still many defects. So caused the law enforcement personnel is at a loss to some illegal marriage case in judicial practice. Because many issues are not clear provisions, the operation is not strong, and to bring a lot of inconvenience. So this paper aiming at our marriage law provisions insufficiency, at the same time using for reference foreign advanced marriage Iawmaking principle and system put forward a number of suggestions and legislation to further perfect our current legislation of the invalid marriage institution proceeding from the reality.