The Remodeling Of Marriage Conditions In China

Marriage is the first step in forming a family,and it is also an important normative object of the legal system of a civilized country.The two Marriage Laws successively promulgated after the founding of the People's Republic of China have stipulated the conditions for concluding a marriage,and the latest amendment of the Marriage Law in 2001 has also perfected the aforementioned provisions.However,with the return of the Marriage and Family Law to the civil law system,the relevant regulations on marriage conditions have become slightly simple.On the basis of history,China's Marriage and Family law has been separated from the civil law system for a long time.In contrast,the regulations on marriage conditions also lack systematic considerations of civil law system,such as the distinction between the establishment requirements and effective requirements of marriage,ignoring the civil capacity of marriage conduct and the lack of a flawed system of marriage intention.Such a defect not only affects the substantive return of the Marriage and Family law to the Civil Code,but also does not help protect the legitimate rights and interests of the parties to the marriage and maintain the marriage and family order.Therefore,from the perspective of the conclusion of marriage as a legal act,this article aims to reshape marriage conditions.This article is divided into four parts: introduction,the conclusion of marriage as a legal act,the requirements for the establishment of a marriage,and the effective requirements of marriage.The introduction of the first part points out shortcomings of the current provisions on marriage conditions in the legislation.It also sets out the current state of research on improving marriage conditions in academic circles,and emphasizes the importance of setting up a scientific and reasonable marriage contracting system.The second part clarifies why this article takes the marriage conclusion of legal behavior to remodel the marriage conditions,and analyzes the relationship between autonomy of will and legal behavior,legal behavior and marriage conclusion from the relationship of marriage conclusion and legal behavior.The third part is related to the establishment of marriage.The author proposes innovatively that the establishment of marriage not only includes marriage agreement andmarriage registration,but also makes special requirements for the object of the act that it must be a combination of men and women.The fourth part is a discussion about the effective elements of marriage,in addition to demonstrating the necessity of set monogamy,range of relatives prohibited from marriage,legal marriage age,marriage through intimidation and marriage with concealment of major illness in the current “Third Review in Civil Code · Marriage and Family”,at the same time,it puts forward that the requirements for the ability to the marriage parties and the systemic provisions on the expression of the meaning of marriage should be added to the marriage requirements.