The Comparative Study On Interregional Void Marriage And Invalid Marriage In China

China interregional void marriage and invalid marriage is produced and developed in the specific historical conditions, experienced in the history of development, Chinese interregional in summing up the experience, look to the future of hope, and promote the historical, reject the dross, absorb the essence, constantly updated and improved, gradually the development of void marriage and invalid marriage system with its own characteristics. This paper is a comparative study on China interregional void marriage and invalid marriage system, this study involves many aspects, not only need to study on the validity of void marriage and invalid marriage but also need to explore the eradication program termination, conditions and were declared legal consequence of invalid or revoked after termination, thereby principles and standards to eliminate various problems and disputes in order to establish the processing on the basis of marriage, so, this article from the void marriage and invalid marriage system to do some simple comparative study of marriage and family law China mainland, Hong Kong, Taiwan and Macao area in.This paper is mainly through the following several aspects of research, this paper China inland and Hong Kong area, Taiwan area, Macao area of the void marriage and invalid marriage system features of the legislative overview, and then a deep comparative analysis of void marriage and invalid marriage statutory provisions of the four law regions based on their respective characteristics on legislation, void marriage and invalid marriage of the claimant, declaration process and the void marriage and voidable marriage is declared legal consequence of invalid or revoked after the content, by comparing the summary from the four scopes of law about the legal reasons, claim, procedures and legal consequences, and from survey they have the same points and different points. Based on the same points and different points on, then analyzing the void marriage and invalid marriage different legislative structure China between Mainland China and Hong Kong, Macao, Taiwan, and the consequences of void marriage and invalid marriage legal reasons, request right, procedure and legal, separately from the comments, find and summarize some can be worth Chinese mainland place..Finally, the problem is to solve the problem, so the main content of this paper finally is China current legislation mode relates to the void marriage and invalid marriage system some legislative shortcomings, and how to improve the void marriage and invalid marriage system Chinese mainland. This is mainly from the void marriage and invalid marriage Law of China, declared invalid and revoked after the force of law, marriage invalid and revoked the legal consequences and the protection of children, even the good parties protection. According to the existing problems, some real life China current judicial practice in question, based on the legislation experience and reference to other areas of the upper, embarks from the reality, some can be used to improve the China mainland void marriage and invalid marriage system of specific measures, a comprehensive study on the question, elaborated each, in the socialist legal system China characteristics, combined with the international China form, ensure to keep pace with the times, some how to improve China’s void marriage and invalid marriage system of legislative proposals. Chinese mainland void marriage and invalid marriage system further improved, is the time request, is the demand of society, so it is of great significance, can promote the current marriage law in China to further improvement.