Legal Protection Of Goodwill Parties And Children Of Remarriage In Bigamy

Marriage is a reliable foundation to build a family, an effective marriage or not relates to whether the parties accordingly obtain spouse identity and their children’s birth in wedlock. For bigamy, a lot of Chinese academic studies are established on the basis of the criminal law, but the intervention of public power cannot completely solve the problem in the field of private law. Especially for the goodwill parties of remarriage in bigamy and their children, if the remarriage is declared null and void, the position of legal spouse and children born in wedlock will cease to exist, and relevant rights of property distribution will also be affected.Modern laws of other countries make regulations on the treatment of bigamy and make protective regulations on the goodwill parties of remarriage in bigamy and their children. Foreign legislation mainly adopts three ways. First, the bigamy is directly included in the category of revocable marriage, to protect the existing marriage fact. Second, the bigamy is specified as an invalid marriage from the beginning, but the goodwill spouse still has the same rights as the actual spouse. Third, the trust protection principle is adopted as the basis of legislation, bigamy can be defined as general bigamy and special bigamy, and for the bigamy established under the special circumstance where the parties with goodwill unerringly believe that the ex-marriage has been dissolved the remarriage is directly given validness.China’s Marriage Law has specified supports that bigamy is an invalid marriage. The handling of property of the parties involved in the invalid marriage can in a certain extent protect the property interests of the goodwill parties of remarriage in bigamy, but the protection can only be met under the premise that a priority is given to the property rights and interests of the legal marriage parties, so the applicable scope is extremely limited. For the children of remarriage in bigamy, the legislation is not clear, which leads to inadequate protection of children’s rights.In order to specify that the protection of the goodwill parties of remarriage in bigamy and their children is in line with the fundamental social value orientation and generally recognized by the society, the author also specifies in the form of issuing attitude questionnaire the empirical significance of legislation protection. The survey shows that the parties of the goodwill parties of remarriage not by their own subjective choice make the bigamy that destroys social ethics and marriage relation, so the protection of their legitimate rights and interests and appropriate legal remedy accord with the concept of the public. For the children born in bigamy, the protection of their legal status and rights should be considered equal to those of legal marriage and should not be considered different, that is, corresponding regulations on the children should be divorced from the invalid marriage of their parents.It should be said that the identity of bigamy nature involves the status change of the parties and is closely related to ethics order and social benefit, so in the legislation its effects in the field of public law should also be taken into account. In the legislation of China, therefore, the remarriage in bigamy is still specified as an invalid marriage. But absolutely invalid marriage will cause goodwill parties cannot get effective protection, which is unfair, therefore in the principle that bigamy is invalid it needs to consider the retrospective effect of the invalid marriage system to goodwill parties of remarriage, endow them with appropriate claim for damage compensation, and at the same time, divorce the children’s legitimacy from the parents’ marriage validity so as to protect the goodwill parties of remarriage in bigamy and their children.