On Invalid Marriage System

Invalid marriage originated from ancient law,and its emergence and application was a remedy to prohibit divorce at that time.With the development of society,invalid marriage system has been further developed and perfected.As an indispensable part of marriage system,invalid marriage system has been accepted by all countries.It is a common legislative practice in most countries to establish invalid marriage system in marriage law or civil law.The invalid marriage was formally stipulated in the Marriage Law of the People's Republic of China in 2001,and the invalid marriage system was established in China.By summarizing the invalid marriage system,this paper introduces its origin and historical evolution,and compares the invalid marriage and the revocable marriage in the aspects of the causes of formation,the claimant,the time limit for the exercise of the right of claim,the declaration organ,the declaration procedure and the legal consequences.The provisions and the analysis of judicial cases,discussed the status quo of China's invalid marriage system,existing problems and suggestions to improve the invalid marriage system.This paper first presents the current legal provisions on the invalid marriage system in China through two actual judicial cases in social life.Secondly,it interprets the invalid marriage system.From the origin of the invalid marriage system to explain its development process,legislative purposes and different countries to the system of different understanding and relevant legal provisions.This paper explains invalid marriage in China from the concept of invalid marriage,compares and analyzes invalid marriage and revocable marriage from the following six aspects:formation cause,claimant,time limit of exercise of right of claim,declaration organ,declaration procedure and legal consequence,and interprets different legislative models of invalid marriage and revocable marriage Thirdly,the legal provisions about the invalid marriage system in the current laws and regulations and the typical cases in social life are analyzed to analyze the relevant problems faced by the invalid marriage system in China and the areas requiring legislative perfection.The author has carried on the elaboration from the following six aspects,the lack of good side and the invalid marriage children protective provisions,apply for annulled the marriage right of claim deadline is too broad,the scope of the invalid marriage is too broad,and the regulation of invalid marriage resistance is too general,confirmed that the body of the marriage law is relatively chaos,procedural rules are scattered.Finally,with the continuous development and changes of social life,new situations and new problems emerge,new situations and new cases in social life trigger the author's thinking on the invalid marriage system in China and the improvement and Suggestions of relevant laws and regulations.