Research On The Transformation Of Chinese Marriage Validity

The legitimacy of the marriage relationship to save waste rules of marriage is a social phenomenon, the demise of the movement process in manifested intuitively, in the eyes of the law on marriage validity of the rules of law applicable to clear, is reflects the law of the current marriage law as the basic attitude, and transformation of marriage that is bound to be involved in the marriage validity cognizance. As a analysis and definition of marriage law constantly break-in and mature process, lawmakers are increasingly trying to establish a marriage validity through transformation system and the specific path and mode. Based on the nature of the marriage contract and the civil behavior effectiveness can be transformed and can be corrected as theoretical basis, the legal work for invalid marriage or flaws cannot consider marriage possible appropriate relief path and put forward solutions, this part of the effectiveness of the marriage the cognizance of the scientific and reasonable analysis and effective transformation, from the theory and judicial practice are put forward valuable measures, reasonable protect marriage as much as possible in the process of concluding, the implementation of civil law in the field of marriage law pursues effect, implementation within marriage relief,better safeguard the protection of party autonomy in the marital relationship and the national public power intervention in the balance between them.Article from the basic theory of transformation of marriage, this paper divided into five chapters, the first part through the establishment of marriage and effective terse,the difference between a reasonably infer about marriage the components of the essential attribute and the marriage is reasonable, and the legal effect of marriage behavior and transformation can be evaluated. The second part analyzes the type of marriage in China since the founding of the division and conversion of different marriage validity cognizance standard, it is concluded that the regulations of the our country present stage for marriage types shortcomings and effectiveness transformation system. The third part to countries outside and in different legal areas in China for reference on the legislative system of marriage law and analysis, is good for our country's marriage law transformation model is put forward. The fourth part analyzes and evaluates the existing problems of different types of marriage in China. Fifth part according to the different marriage played problem, put forward the reasonable and effective transformation of the marriage law of solving measures and treatment method,finally put forward comprehensive build a reasonable and effective transformation of marriage law system,in order to solve the practical problems existing in the marriage on the effectiveness of difficult.