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The Analysis Of Wangliqin Prosecution Maozhichun Invalid Marriage

Posted on:2013-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:H G MaFull Text:PDF
GTID:2246330395461175Subject:Marriage and family law
Abstract/Summary:PDF Full Text Request
Due to the low quality of the citizens and the overall level of legal accomplishment, so inevitably there is bigamy, marriage below the age of marriage, consanguineous marriage invalid marriage. The People’s Court hearing such annulment cases is handled according to the terms of invalid marriage in the Marriage Law. In this paper, I personally participate in the hearing of the case, the plaintiff and defendant in the trial put forward their understanding of the Marriage Law and its judicial interpretation, request the court to support their views. In order to be able to accurately grasp the application of the laws and judicial interpretations, I visited a number of senior judges and legal experts, and with reference to the national grassroots courts hearing such cases and cases of invalid marriage is a big controversy in the academic and practical aspects and the outcome of the trial of such cases in various courts of the same.Since the specific requirements of our current marriage law is not invalid the marriage converted into a valid marriage. Supreme Court interpretation of a People’s Court found the reason for the reality of the existence of nullity of marriage should be invalid the premise provisions invalid marriage valid marriage into a bridge, but due to the type and condition of the explanation does not explicitly transformation, resulting in trial practice for the deviation of the terms and conditions of the applicable. Draw on contemporary civil law countries and regions on the invalid marriage valid provisions, combined with our judicial precedents, specifically enumerated in various conditions invalid marriage valid suggestions for amending the law in the future in China should be the creation of invalid marriage valid system.
Keywords/Search Tags:bigamy invalid conversion of the marriage, invalid marriage
PDF Full Text Request
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