Invalid Marriage And Revocable Marriage Suit Several Studies Program

Invalid marriage and revocable marriage is against marriage legal elements of marriage, because marriage is not only involves the relationship of the parties also involves the identity of the other relatives interests related to the marriage, so both v on the question of procedure also has the characteristic of different from ordinary civil procedure. But neither in the civil procedure law of our country for its special provisions are not making specialized personnel procedure law shall be stipulated. So, in order to protect the marriage relationship between the parties and the relationship with the people who have an interest, it is necessary for litigation of invalid marriage and revocable marriage problems related procedures shall study. To this, this article is divided into four parts to both the nature of the problem, as the parties, the burden of proof and the jurisdiction of the question to be discussed, detailed as follows:The first part: focus on the thorough analysis about marriage invalid "invalid" belong to "invalid", of course, or "invalid" on the referee, on the basis of the nature of marriage is invalid shall be defined, it is concluded that marriage is invalid suit for the formation of the conclusion. At the same time, the v to form a suit of revocable marriage also gives relevant theoretical analysis.The second part: first, discusses the nature of v. to determine the proper range of influence, the parties in the form of case analysis shows that after our country law exists as the parties of the two litigation too narrow a range of issues, and in research related to the relevant provisions of the state of the two v. the parties concerned on the basis of the our country litigation of invalid marriage and revocable marriage suit as the problem of perfecting Suggestions in appropriate range expansion.The third part: based on the invalid marriage and revocable marriage v. v. particularity, discusses the two litigation special procedure law applicable to its influence on the two litigation of burden of proof. And according to the detection of functions and powers doctrine in the two litigation, the application of analysis of the court in the parties can't and the case facts of proof cannot find out under the condition of the court's discretion right of investigation and facts of the two v. the influence of the burden of proof. After analysis due to the lack of law in China, the court in fact unknown circumstances of mandatory investigation power, so for the real truth has high requirements in terms of personnel litigation is not conducive to the solution of the dispute and the protection of the rights and interests of stakeholders. So in view of the above problem, this paper discusses the functions and powers was introduced into our country in the two litigation ascertain the necessity of socialist and clear court shall have the right of mandatory investigation.The fourth part: first, discusses the current situation of our country law about the two litigation jurisdiction, discussed in the two litigation jurisdiction court after the lack of a party to local court and marriage to the court, such as bad for the court to find out of the case facts, the interests of the parties to protect and judicial problems such as wasting of resources. Then on the basis of the research outside the relevant national legislation, combined with the reality of our country put forward some concrete Suggestions to the problems of jurisdiction.