Our Country Invalid Marriage System Existence Question And Consummation

The invalid marriage system is to is short of the marital establishment important document the marriage to confirm that it does not have the marital legal effect system. It is safeguards the marriage law the solemnity, the authority, insisted marries the condition and the procedure, the safeguard marriage establishes legitimately, the prevention and the reduction marital dispute, the sanction illegal marriage's important measure, to guaranteed that the legal marriage important document is carried out has the important meaning. The invalid marriage system is the marriage system essential constituent, violates the illegal marriage which regarding the litigant the marriage important document forms, various countries through the establishment invalid marriage system processes, is only according to the respective situation, uses the different legislative style. The invalid marriage system has the single track system and the two-track system division in the basic constitution, the single track system only stipulated that had the invalid marriage, the two-track system divides into the invalid marriage married invalid from the beginning and may abolish marries two kinds, was serious to the illegal situation, stipulated that to marry invalid from the beginning, was light to certain illegal situations, after certain time or changing situation might obtain the correction, stipulated that for might abolish the marriage. Also some countries only suppose may abolish marry one form. Our country in 2001 revised the marriage law increased had stipulated the invalid marriage and might abolish the marriage, has established our country's invalid marriage system officially, was our country marriage legislation big progress. But along with this legal regime's implementation, in the legislative flaw appears day by day, how to construct conforms to China actual invalid marriage system to become the focal point which the academic circle argued. This article was precisely obtains from this present situation to this system to conduct the earnest careful research.This article altogether divides into four parts. The first part carries on the outline to marital and the invalid marriage system, introduced the invalid marriage's concept, and lived together the invalid marriage and the de-facto marriage and the non-marriage to carry on the comparison; Then the second part has carried on the analysis in view of our country invalid marriage origin system existence's question, and proposed plan of the corresponding consummation; Then the third part analyzes the question which and the consummation plan of our country invalid marriage potency and the legal liability two aspects exist; The fourth part from the marriage is invalid whether needs to announce and to announce the institution, the invalid marriage's request power exercises the period, whether the invalid marriage's request power main body and does the marital potency's decision appeal to four aspects to our country present invalid marriage to confirm that the procedure has carried on the analysis.This article goal lies to the invalid marriage system's related stipulation and the existence question carries on the analysis, provides some mentalities for our country invalid marriage system's consummation.