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Research on the fact that the legal effect of marriage

Author: JiangYouZuo
Tutor: ChenWei
School: Southwest University of Political Science
Course: Legal
Keywords: The fact that marriage smoke Case Study Constituent elements The force of law
CLC: D923.9
Type: Master's thesis
Year: 2011
Downloads: 101
Quote: 0
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Abstract


The marriage relationship is the most important social relations of human society. Whether in ancient societies, or, in modern society, the health of the marriage relationship stable relationship to the good functioning of the social system as a whole, it is a social existence and healthy development of the foundation. Modern civilized society, the health of the marriage relationship depends to a large extent dependent on the social system, the system of legal norms about marriage. Reasonable system of legal norms will give a positive role in the marriage relationship, and thus maintain the health and stability of the entire social system, otherwise it will bring about instability, the community as a whole and lead to a criminal case or other violence. Therefore, the whole of human society attaches great importance to the adjustment and control of the marital relationship, in order to protect the members of society the marriage relationship to maintain the health and stability of the entire social system, but because marriage is a collection of natural and social properties, its origins even before human behavior specification. Therefore, we can not ignore the social habits of a region of the marriage of the countries in the adjustment of the marital relationship, do not respect these objective will be difficult to achieve the desired effect. This article is based on this understanding, China's current marriage law norms as an entry point to the typical case analysis, to study the current marriage law norms at the inadequacy of the legal effect of the provisions of the fact that marriage, that the current legal norms on the effectiveness of the de facto marriage attitude too rigorous should be taken, legislators should respect the existing reality, and social customs, balance to make the better choice, rather than blindly deny, and combined extraterritorial similar experience, analysis of conditional recognition of the fact that marriage reasons and finds the force of law Construction of the System to make improvements Reference for future legislation. The first part of this article introduced typical case and the case of the focus of controversy. The second part of this paper is to introduce the fact that marriage recognized and examine its legal effect. Constitute a de facto marriage preliminary describes how to determine the nature and characteristics of the fact that marriage elaborate. Then, through visits and extra-territorial legislation of the study examined the origins of China's de facto marriage legislation, visit our facto marriage legislation change process from vertical and foreign legislation, lateral grasp the difference in the fact that marriage attitude for this part of the thinking foreshadowing. The third part of this article is to introduce legislation to improve our de facto marriage thinking. Grasp of the nature of the fact that marriage in the systematic analysis of conditional recognition of the necessity of the legal effect of the fact that marriage, and how to recognize the build system to make recommendations. Part IV describes the typical case of different viewpoints Analysis and treatment advice.

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CLC: > Political, legal > Legal > Chinese law > Marriage Law
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