Research On The Revocable Marriage System In China

The revocable marriage system is an important part of the marriage system,which,together with the invalid marriage system,regulates the marriage situations with defects of validity and guarantees the parties to enter into a legally valid marriage relationship.In 2001,the Marriage Law of the People’s Republic of China(hereinafter referred to as "the Marriage Law")established the revocable marriage system for the first time,providing a unified legal basis for judicial practice.However,during the past 20 years,the social economy has developed rapidly,the concept of marriage and family changed accordingly,and the original regulations also gradually fell behind the actual social life.On May 28,2020,the Civil Code of the People’s Republic of China(hereinafter referred to as "the Civil Code")was officially promulgated,proclaiming the entry of China’s civil law system into the era of codification.The fifth part of the Civil Code includes the marriage and family law,which is originally independent,which marks the return of the marriage and family law to the civil code system and makes the new changes in the field of marriage and family law.The article 1052-1054 of the Civil Code is about the provision of the revocable marriage system in our country,in response to the new era in the context of the people on the marriage and family law needs and expectations.However,the above-mentioned provisions are still worth discussing,the academic community on the content of the revision more debate.The implementation of the Civil Code also brings forward new challenges to the judicial application of the revocable marriage system in our country.In this paper,the revocable marriage system in China is the subject of this research,and the main body of the thesis can be divided into four parts: the first part,analyze the basic meaning of revocable marriage legally,clarify its relationship with the general revocable civil juristic act in civil law and the concept of divorce in marriage and family law,expound the development course of the revocable marriage system in China,and excavate the fundamental value orientation of the system;the second part,from the legal norm and the judicial application two aspects further studies the revocable marriage system in China,the thesis compares the provisions of revocable marriage in the Civil Code and the original Marriage Law,and analyzes the legal causes,legal procedures,and legal consequences of revocable marriage in China with academic debates and typical cases;the third part,points out that the current revocable marriage system in China has some defects,such as imperfect legal cause system,lack of specific applicable rules and doubtful legal consequences;the fourth part,in view of the above-mentioned defects,puts forward the corresponding consummation proposal from the system,the legislation,the judicature three stratification planes.At the systemic level,the special provisions of the Civil Code on marriage and family shall prevail to deal with the relevant issues,supplemented by appropriate reference to the general provisions of the general part,some cases of fraudulent marriage are selectively included in the legal cause system of revocable marriage.At the legislative level,the scope of major diseases should be defined by using the judgment standards of the purpose and essence of marriage,make clear that the duty of honest disclosure is unlimited and the cancellation of marriage does not have the effect of retroactive elimination.At the judicial level,the status of children in the annulled marriage should be recognized as children born in marriage,and the issue of parent-child relationship and the compensation of the innocent party should be properly handled according to the relevant provisions of the divorce system.