On The Improvement Of Revocable Marriage System

Before the introduction of the annulable marriage system,the existence of illegal marriages not only violated the legitimate rights and interests of both parties,but also affected the public interest to a certain extent.After the establishment of the annulable marriage system and the invalid marriage system in the Marriage Law in 2001,the punishment for the party at fault and the protection for the party without fault were both guaranteed by the legislation,and then the Civil Code was revised again in 2020 to improve the annulable marriage system,but there are still some shortcomings.This paper focuses on the institution of marriage revocability and is divided into five chapters.Firstly,the current situation of the annulable marriage system is analyzed from two aspects,firstly,the legislative evolution of the annulable marriage system is theoretically explained,comparing the impact of the different legislative purposes of each era on the system,focusing on the legislative purposes of the current era,the most prominent point of which is that the current system focuses on protecting the legal rights and interests of the parties,reflecting the people-oriented values;then from the judicial The second is to summarize the three problems of the annulable marriage system according to the current judicial situation and theoretical disputes,namely: the ambiguity of the scope of major diseases,the legal scope of the annulable marriage system is too narrow,and the lack of the right to claim damages.The second is to draw on the legislative experience of foreign countries,and discuss in detail the revocable circumstances provided by the marriage laws of England,the United States and Germany,from which we can draw on the legal grounds of revocability suitable for China’s situation,and also draw on the protection of bona fide parties in its damage compensation system,such as the reference factors for determining the right to claim damages,etc.;finally,the suggestions for the improvement of China’s revocable marriage system.First,the scope of major diseases should be determined by type,and typical cases should be listed for different types of diseases,and then certain generalizations should be made for the characteristics of typical cases,so as to better grasp the scope of major diseases;second,the legal grounds of annulable marriage system should be expanded to include fraudulent marriage,false marriage,and marriage with material misunderstanding into the legal grounds of annulable marriage system;third,the legal grounds of annulable marriage system should be improved.The third is to improve the relevant provisions of the right to claim compensation for damages,and to propose and justify the three aspects of the right to claim compensation for damages: the subject of the obligation to compensate,the scope of damages,and the standard of compensation.