On The Effect Of The Fact That Marriage

Facto marriage is a small problem in the field of legal research, but it is a very basicand can not be ignored important issues for the social development of our country. Onthe one hand, Facto marriage count against the management of the marriage, populationplanning and household register, on the other hand, the unreasonable effectiveness ofthe de facto marriage is more likely to cause negative impact on multiple fronts, such as:the rights and interests of women and children in de facto marriage are vulnerability, theconfusing distinction betweenof the facto marriage and nonmarital cohabitation, thestandard of bigamy crime is not quite sure. The fact that the effectiveness of themarriage, has been in frequent changes in our legislation and judicial interpretation.This problem is reflected to the academic community, continue to cause the thinking ofscholars, and gradually formed the three theories on the effectiveness of de factomarriage finds: admits that, conditional recognition that deny but protect.I believe that, the effectiveness of a de facto marriage by legislation as well asacademia is based on the results of the different values. Study of the effectiveness of thede facto marriage, First, starting from its basic concept, the academic inconsistentattitude of de facto marriage and even opposite, to a large extent depends on the conceptof de facto marriage inconsistent positions; Secondly, it is a reasonable method to beselected cut, legislators purpose of interpretation of law as well as the principle ofbalance of interests. Finally, the actual analysis of the legislative provisions, proposesome insight in the existing legislation.This article is divided three parts: Introduction section, the theory, the conclusions.Introduction section explains the purpose and scope of the research work; researchstatus in the field of research and previous work; themes and theoretical basis of thethesis; thesis direction, research, routes and methods; expected results practicalsignificance. Part of the theory said, rather than the legality of the essence of marriage isthat both men and women to each other to reach the meaning of marriage. The thenature of marriage is marriage is symmetrical to the legal marriage, in line with thenature of marriage, whether they have substantial elements should be taken as todetermine whether the de facto marriage has the legitimacy and effectiveness. With the meaning of marriage, cohabitation fact, constitute a de facto marriage has beenpublicized gender integration. Think from legislators interpreted purposively, the factthat parties to the marriage relationship continues to exist a long time and in line withthe substantial elements of the legal provisions marriage, legislators basically meet thepurpose of marriage security and social stability, and should be conditionally admitted.Go through the registration procedure should be adopted and supplemented by judicialdeclaration, and conditionally admitted the facto marriage on substantial law.