A Perfect Study On The Identification Of The Effectiveness Of Marriage In China

The defects of marriage's effectiveness is a legally binding force,which is not legally recognized and protected and does not produce the effect of lawful marriage due to lack of statutory effective elements.Specifically,the effectiveness of defective marriage can be divided into two types: invalid marriage and voidable marriage.In valid marriage,refers to the effect of the law does not recognize the marriage,the marriage is invalid,not depend on the will of the parties,but according to the rule of law,belongs to the absolute invalid marriage and revocable marriage,refers to a marriage can be set in accordance with the reason to choose announced the marriage invalid or continue to life,such as choosing marriage null and void and shall apply to the court for marriage invalid to judge whether this kind of marriage is invalid,can depend on the will of the parties,belongs to the invalid marriage.One or both men and women who hold in mind or conspire with the other to express falsely or one side due to errors(major misunderstanding),fraud and so on,pointing at which often appears in our real life at present.In our country,there are many defects in the law about the defects of marriage's effectiveness,for example,the concept of legislation is not clear enough,the statutory reasons are not comprehensive,the procedure is not scientific,the definition of effectiveness is not reasonable,the responsibility is not perfect enough,and the lack of the declaration system of invalid marriage and so forth.This has caused difficulties in the application of the law in actual life,then it leads to the lack of legal settlement of individual marriage disputes,which further affects the stability and harmony of the society.Studying the problems related to the defects of marriage's effectiveness has an important and far-reaching significance for the establishment and maintenance of harmonious and stable marriage and family relations in our country.In combination with China's administration of justice and foreign excellent legislative experience,the author uses literature research,case analysis,comparative analysis,normative analysis and other research methods,by means of value judgment,firstly analyzing the definition of the defects of marriage's effectiveness,most scholars have advocated the appropriate reduction of the relevant laws and regulations of China's invalid marriage,and the expansion of our existing laws related to voidable marriage.Then the author perfects the link of the defective marriage systematically,it analyzing and summarizing comprehensively from the legislativeconcept,the legal reasons for the identification of the effectiveness of the defective marriage,the definition of the effectiveness,the procedures and the manner of responsibility.This article will provide a perfect suggestion on the types of the defects of marriage's effectiveness,and after the effect is confirmed,the relevant legal remedies on the party without fault and the related third party such as children and the third party acting in good faith will be proposed,in order to embody the basic principles of the autonomy of will and the equity,at the same time,achieving harmonious and stable order of marriage and family.