Research On The Revocable Marriage System In China

In 2001,China stipulated the revocable marriage system,filling the defective marriage legislation gap in the 1950 Marriage Law,the 1980 Marriage Law and the 1994 Regulations on the Administration of Marriage Registration since the founding of New China,and safeguarding the legitimate rights and interests of both parties to the marriage.The 2021 Civil Code adjusts the circumstances of voidable marriages on the basis of the Marriage Law,and modifies the situation where one party suffers from a major illness at the time of marriage from a situation where the marriage is invalid to a situation where the marriage can be revoked,which means that on the basis of protecting the autonomy of the party suffering from serious illness and the party not suffering from illness to enter into marriage,the Civil Code measures material personality rights such as privacy and life and health rights,and gives the other party the right to annul marriage and the innocent party to claim damages.To protect the legitimate rights and interests of the parties to the marriage to a greater extent.Combined with judicial practice cases,the current revocable marriage system still has questions such as whether fraudulent matters such as concealing sexual orientation and concealing major criminal records can be included in the scope of marriage revocability,how major diseases are defined,how to perform the "truthful notification obligation" of the parties to the marriage,and whether the burden of proof can be transferred when the parties suffer both moral and material harm due to the fact that the evidence cannot be revoked.Based on this,the first part of the article provides an overview of the institution of annulable marriage.On the premise of expounding the conceptual characteristics of marriage and analyzing the influencing factors of marriage establishment and validity,the legal basis behind revocable marriage is explored.By combing the development process of the annokable marriage system and comparing it with relevant systems,the essential characteristics of revocable marriage are further clarified.The second part introduces the relevant provisions of the system of voidable marriage and defective marriage in extraterritorial single-track countries and dual-track countries,and provides extraterritorial reference in the scope of voidable marriage and the protection of parties to bona fide marriage.The third part collates the practical cases of annulable marriages in the China Judgment Documents Network,sorts out the current application status of annulable marriages in China,and puts forward the shortcomings in the operation of the annokable marriage system on the basis of the current situation.The fourth part,in view of the existing problems in China’s annulable marriage system,proposes to appropriately expand the scope of legal grounds for annulable marriage,and discusses the reasonableness of including concealment of sexual orientation and major criminal records in the grounds for annulment of marriage;Clarify the criteria for identifying major diseases by clarifying subjective considerations and objective criteria;Explore the improvement of the implementation mechanism of the "truthful notification obligation" in terms of setting up "truthful notices",explaining the notification obligation by the marriage registration authority,one marriage and one file,the flexible marriage examination mode of "knowing + autonomy",and clarifying the scope of damages;On the basis of following the principle of who claims and who presents evidence,make reasonable allocation of the parties’ burden of proof,and other improvement suggestions.