On The Nullity Of Marriage Litigation

The nullity of marriage litigation is an important proceedings to determine whether the marriage legally valid in marriage law field. Because there is no separate Personnel Procedure or Family Procedure Law in our country. All contents of the nullity of marriage proceedings are provisions in the Marriage Law. Marriage Law and judicial interpretation from the perspective of substantive law, provides the legal basis, the legal consequences, and the main application of nullity of marriage. The problem of this litigation on procedural law only a general exposition, lack of maneuverability, many problems about the nullity of marriage litigation can not be solved in practice. Author uses the “nullity of marriage litigation” as the subject, from the perspective of the Civil Procedure Law, combined with the relevant provisions of substantive law. In theory and practice field, talk about the meaning and nature, the proper party, subject matter of litigation as well as the procedural safeguards for interested parties of the nullity of marriage litigation. Author learns from Germany, Japan and Taiwan legislative experience, and uses the method of comparative study to perfect this litigation.Except the introduction part, this paper is divided into four parts, totaling more than 28,000 Chinese characters. The main contents are as follows:The first part is an overview of the nullity of marriage litigation. It is including connotations of nullity of marriage and nullity of marriage litigation, effectiveness of nullity of marriage, and the nature of the nullity of marriage litigation. Firstly, author explains nullity of marriage Belongs to invalidate the referee instead of course invalid. Secondly, analyzes the suit benefit, the effect of the judgment, comparisons with the revocation of marriage litigation and practical needs of the nullity of marriage litigation. Finally, Author has come to the nullity of marriage litigation is belongs to litigation of formation. Moreover, this conclusion is the full text of the legal basis.The second part is about the proper party of the nullity of marriage litigation. Author learns from the relevant provisions of the United Kingdom law, US law, German law, Swiss law, French law, Japan law and Taiwan law. Combined with China’s judicial practice, distinguishes four different situations to perfect the relevant provisions of proper accuser and proper defendant.The third part discusses the subject matter of litigation of the nullity of marriage litigation. Author analyses current mainstream view, such as formation of the right doctrine, formation of the cause doctrine, a branch of doctrine and two branches of doctrine, points out their flaws. Combination of these advantages and disadvantages of various theories, finally decided to adopt double standard identification.The forth part is about the procedural safeguards for interested parties of the nullity of marriage litigation. Because the nullity of marriage litigation belongs to the identity litigation and litigation of formation, it will give effect to any person. By constructing the powers discovery doctrine, author distinguishes between two different types of interested parties to develop prior protection program and later protection program. To make the nullity of marriage litigation involving the rights of all interested parties to get relief, and achieve procedural safeguards.