Research On The Implementation Of The Clause That Serious Illness Cancels Marriage Concealed In Civil Code

It has been more than two years since the Civil Code was promulgated.Article 1053 has changed the specific types of invalid and voidable marriages,changed the legal provisions that serious disease-related marriages are directly recognized as invalid,which reflects the strong color of "legal paternity",and to a certain extent guaranteed citizens’ marital autonomy.As a legal provision directly applicable to marriages involving serious illness,Article 1053 plays the role of outline in litigation.In order to ensure its legal and effective application in judicial practice,it is necessary to interpret and analyze the various realistic situations faced by Article1053.First of all,the article explains the basic meaning of the clause that conceals a serious illness can revoke marriage,and analyzes the legislative purpose and value connotation from the basic situation of the real society,the article analyzes the constituent elements and compares it with the invalid marriage clause of the original Marriage Law.Then,starting from the judgment documents related to serious diseases in the last ten years,the litigation data of cases related to serious diseases from 2012 to 2022 were collected and visualized.Through sorting out,the situation of various types of diseases in litigation was analyzed,the reasons for judgment when the court made valid or invalid marriage judgment were sorted out,and the judgment habits of the court applying the new and old provisions were compared.It can be seen from the case that the clause of concealing a serious disease and revoking marriage in judicial practice still follows the judgment habit of the previous clause of prohibiting and invalidating marriage.Due to the lack of relevant legal provisions,the identification standard of "major disease" is still the same as that of "medically considered disease that should not be married",and there is no clear identification standard.There have been many cases of "same case,different sentences".In addition,through the analysis of cases,there are many unclear and unreasonable points in the implementation of Article 1053,such as the unclear limit of the obligation to tell the truth in the new article;In judicial practice,it is too difficult to prove whether the obligation of telling the truth has been fulfilled,and the distribution of the burden of proof is unreasonable.The disposition of legal consequences is not sufficient to deter wrongdoers from concealing serious illnesses.In order to solve the above problems,the following measures are proposed: First,the identification criteria of "major diseases" are proposed.In view of the concept of "serious disease" that is not clear in the current law,a specific identification standard is formulated from the perspective of law rather than medicine.Second,make clear the limits of the obligation to tell the truth.The obligation of telling the truth should be interpreted in detail,the specific scope of the content of the information should be clarified,and the responsibility of the relevant parties not to intentionally conceal or misinform should be stipulated.At the same time,the pre-administrative procedure of "reminding pre-marital medical examination" was used to try to solve the problem from the source.Thirdly,the burden of proof should be assigned.When dealing with disputes caused by concealment of serious diseases,the burden of proof should be reasonably distributed among the parties,and the court should take advantage of obtaining evidence by the doctrine of ex post office inquiry to ensure sufficient and fair evidence.Fourth,strengthen the allocation of relevant legal consequences.For those who deliberately conceal serious diseases,credit punishment in the economic field can be qualitatively changed into "dishonesty punishment" in the marriage field.At the same time,improve the protection of the parties’ right to know the provisions,strengthen the allocation of relevant legal consequences,in order to avoid similar incidents from happening again.In short,in order to solve the problem of concealed serious diseases in marriage,it is necessary to formulate corresponding solutions from the perspective of law and practice to protect the legitimate rights and interests of the parties and maintain social justice and stability.