Research On Legal Regulation Of Fraud Marriage

China’s "marriage law" provisions of the invalid marriage and revocable marriagesystem to judgment the marriage effectiveness which is not satisfy the effective elements. Theinvalid marriage system is aimed at those marriages which violate the public elements; andthe revocable marriage system is aimed at the marriages which are in violation of theprivate elements. The revocable marriage system only contains forced marriage, becausethe intimidated party’s declaration of will has some shortcomings in a marriage relationshipwhich violate the principle of the freedom of marriage. In addition to forced marriage, thefraud marriage also violate the principle, while the laws without making rules and regulationsto govern the fraud marriages. This omission is not conducive to the protection the rights ofthe intimidated party. Therefore, it is necessary to researching on legal regulation of fraudmarriage.Besides to the preface，this paper was divided into four parts. From definition of theconcepts of fraud and marriage fraud, analyze the necessity of legal regulation on it, and inreference to foreign legislation experience, we should be deemed to the fraud marriage asrevocable marriage.The concepts of fraud and fraud marriage was introduced in the first part. First ofall, define the mean’s of "fraud" in civil law a as the starting point to ground for definitionthe meaning of fraud marriage, composition elements. And then compare andanalyze to the related concepts.The second part analyses the necessity of legal regulation of fraud marriage. Legalregulation of fraud marriage can provide a legal basis for solving the the case of fraudmarriage in practice, perfecting the revocable marriage system, protecting to the interests ofthe frauded parties in fraud marriage.The third part analysis the legislation attitude to fraud marriage of extraterritoriallegislation. Because the legislative style are different, the attitude to the frauds marriage ofthe two legal system are not the same.No matter to be recognized as invalidmarriage or revocable marriage,all of them reflect these country’s basic views on that they donot in favor of fraud marriage. And then compare and analyses the legal consequences afterthe fraudulent marriage is declared invalid or revoked.The fourth part introduces the suggestions on regulation of fraud marriage. We should be identify fraud marriage as revocable marriage, then analyzes the reason, the ownerof the rights of revocation,the time to exercise the rights of revocation, the protection to thebona fide party and so on. Finally, especially introduces the processing method to marriageregistration in false identity, hoping that can give some suggestions on regulation of fraudmarriage.