Research On Protection Of Good Faith Parties In Invalid And Revocable Marriage

The stability of marriage and family relations is related to the stability of social order.The stability of the marriage order depends on the rules set by law.The marriage legal system not only stipulates the necessary elements of legal marriage,but also makes a negative evaluation of the illegal marriage in order to avoid the unstable factors damaging the marriage relationship.The law regulates illegal marriages by setting invalid and revocable marriage systems.The system appeared in the“Marriage Law”revised in 2001 in China for the first time,which is benefit to guide the handling of illegal marriage,prevent and reduce illegal activities,and maintain the stability of marriage relationship.However,due to the fact that China's invalid and revocable marriage system is still in the initial stage,after more than 10 years' operating,it has gradually revealed some deficiencies.For example,The system is mainly focused on punishment and sanctions,and ignore the specificity of the marriage.There is no subjective distinction between the parties who get married invalid and irrevocable,and there is not enough protection for the good faith parties.This will be subject to the further complement and improve of our future marriage legislation.This article proceeds from the value of safeguarding fairness and pursuing both sanctions and protection,uses literature research and comparative analysis methods.It is based on the status quo of China's marriage legislation,and compare the provisions of different countries and regions for the protection of good faith parties in invalid and revocable marriages.The essay analyze specific measures to protect the good faith parties in different countries and regions,and then propose several suggestions to improve relevant system in our country.In addition to the introduction and conclusions,this article consists of four parts:The first part is the Institutional Basis of Protection of Good FaithParties in Invalid and Revocable Marriage.This section analyzes some general issues of invalid and revocable marriage systems from a macro perspective,reviews the progress of the establishment of invalid and revocable marriage systems in China and points out the importance of establishing the system,clarifies that China adopts a dual-track system,introduce the causes of the invalidation and revocation of marriage.Finally,it also elicited the attitude of our country's legislation to the protection of good parties,which laid the theoretical foundation for the subsequent discussion.The second part is about the specification of the good faith parties in invalid and revocable marriages in China.This section define the good faith parties in invalid and revocable marriages,and specific the parties in different causes,and discuss the necessity to give legal protection to their legitimate rights and interests.The third part is a comparative study of the protection of good parties in invalid and revocable marriages.This section uses a comparative analysis method to systematically introduce the origin of the Roman law of the marriage integrity system,the marital system of the Church Law,the lessons from western countries,the Hong Kong,Macao,and Taiwan regions,which can provide useful reference experience for our country's relevant legislation.The fourth part is the legislative perfection of the protection of good parties in invalid and revocable marriages in China.This section puts forward that China's future marriage legislation should uphold the values of both sanctions and protection,and make the validity of marriage to the good faith parties and at the same time establish a system of damage compensation for the protection of good parties.