Study On Legal Issues Of Viod Marriage And Viodable Marriage

As the state's intervention for illegal marriage,viod marriage and viodable marriage system is different from divorce systerm.Especially,the dissolution of divorce by lawsuit is for legal and virtuous marriage.viod marriage and viodable marriage system is not only a weapon to safeguard social public interests and moral order,but also a shield for ordinary citizens to protect their legal interests in their marriage.However,due to the establishment of this system is relatively late and the legislation is relatively brief,there is still great potentials for the development and improvement.With the rapid development of economy and society,people's values and marriage concept have also changed.Some existing provisions in China's actual marriage system have obviously no longer adapted to the rapid development of social reality.There are some new forms of marriage that infringe on public interests or private interests appearing in real life,which needs to be regulated and appropriately adjusted.Compared with the abroad legislation,our state's legislation is less mature and developed.There are still much legislative practice room for us to learn and improve.Taking consideration of our state's cultural traditions and actual conditions,we can selectively absorb the abroad experience.Firstly,as a supplementary legal provision,China's current Marriage Law of the People's Republic of China,that is Amendment to the Marriage Law of 2001 for the viod marriage and viodable marriage,causing a progress and improvement,while still need to be re-adjusted for some statutory situations because of the rush and the shackles of the addition clause in oder to become more adaptable to the contemporary reality and adapts to the local reality.The author analyzes and interprets all the statutory situations included in the viod marriage according to the legislative purpose of the system.Then the author constructs and expands the legal situation of the viodable marriage.Secondly,the author argues that the procedures for confirming viod marriages and viodable marriages also need to be re-adjusted.For example: The scope of the subject for claiming for viod marriage needs to be clarified and expanded.The statutory cause of the viodable marriage and the time for revoking the claim should be coordinated with the relevant provisions of the Civil Law,so that the purpose of system establishment can be better achieved.Thirdly,the legal consequences of viod marriage and viodable marriage from the current Marriage Law is completely consistent.The author makes a suggestion by learning from France on distinguishing the parties' subjective will of viod marriage or viodable marriage in the statutory situations according to the degree of violation of public interests or private interests.Fourthly,according to the academic research on the principles of viod marriage and irviodable marriage correction system in relevant overseas legislation,this paper puts forward detailed system construction suggestions based on the local cultural traditions and social reality.The author carefully collects,organizes,learns,and digests a large amount of statistic,adopts the research results of many scholars,and proposes a systematically and practically viod marriage and viodable marriage system.