Anshun TV University
20 10
20 10
Autumn graduation thesis of law undergraduate
Autumn law graduation thesis
Baoxin
Baoxin
four
four
Effective marriage refers to the violation of the relevant provisions of the marriage law by both parties who establish a marriage relationship.
Invalid marriage means that the parties violate the relevant provisions of the marriage law to establish a marriage relationship.
Failing to perform the statutory marriage registration
Failing to perform the statutory marriage registration
The marriage relationship established through the procedure is invalid and is not protected by law. In case of bigamy, marriage is forbidden.
This kind of marriage is an invalid marriage that is not protected by law ... such as bigamy, it is forbidden.
Belonging to marriage, suffering from diseases that are medically considered unsuitable for marriage before marriage, not cured after marriage, and not reaching the legal age for marriage.
In a marriage relationship, one party suffers from a disease that is medically considered unsuitable for marriage, and if it is not cured after marriage, it has not reached the legal age for marriage.
Wait a minute. Invalid marriage is invalid from the beginning, there is no right and obligation between husband and wife between the parties, and the property obtained during cohabitation belongs to.
And so on ... invalid marriage from the beginning invalid, the parties have no rights and obligations between husband and wife, the property obtained during cohabitation, by
If the parties fail to negotiate, the people's court shall make a judgment according to the principle of taking care of the innocent party.
If negotiation fails, the people's court shall, in accordance with the principle of taking care of neither party, not
,
,
Children born during this period
During this period
Women are bound by the clause of children born in wedlock.
Children born in wedlock shall be subject to these regulations.
five
five
Domestic violence. Domestic violence refers to the violence committed by family members in the family environment. domestic
Domestic violence. Domestic violence refers to the violent behavior of family members in the family environment. domestic
Violence is one of the prerequisites of divorce system,
Violence is the premise of divorce system. ,
It is also a common phenomenon in today's society.
This is also a common phenomenon in today's society.
Causes of modern domestic violence
Causes of modern domestic violence
Not only continued the feudal thought of ancient patriarchal clan system,
Not only the feudal thought of ancient patriarchal clan system,
But also into the complex pressure of today's social situation.
And the complicated pressure of the social situation. ..
ACWF
All-China Women's Federation
Last year's survey showed that in China
Last year's survey showed that in China
2.7
2.7
About 1 100 million families
There are billions of families.
Thirty percent
Thirty percent
There are different degrees of domestic violence, press this.
According to this report, there are different degrees of domestic violence.
In proportion, there are at least 81100,000 families in China with violence, including
At present, there are at least 81 million families in this country with violence, and this one has it.
95%
95%
Shangdu
All of the above
It's husband's violence against his wife. According to the survey, in recent years, the letters and visits about domestic violence in China are on the rise year by year. restrain
Is the husband's violence against his wife. According to the survey, in recent years, letters and visits from domestic violence have increased year by year. restrain
The growth of domestic violence is imminent ―― The Marriage Law clearly stipulates that husband and wife enjoy equal status in family life.
The growth of domestic violence is imminent-the marriage law clearly stipulates that husband and wife have equal status in family life,
Abuse between family members is prohibited. With the continuous improvement of China's legislative system, the new marriage law has a great impact on families.
With the improvement of China's legislative system, the new marriage law prohibits abuse among family members.
Violence has been revised and supplemented in many aspects, which provides legal protection for the rights of the injured party and is more in line with social development.
The modification of violence has increased the rights of the injured party and is more in line with social development.
Trend.
Trend.
three
three
Divorce by agreement system
Divorce by agreement system
According to the provisions of the Marriage Law,
According to the provisions of the Marriage Law,
Divorce refers to the legal means to dissolve the marriage relationship during the spouse's life.
Divorce is a legal means from marriage to spouse's existence.
It needs legal provisions.
It needs a legal provision.
Parts and procedures can have legal consequences of terminating marriage.
The legal consequences of the termination of marriage can be produced through procedures. ..
Divorce by agreement means that couples who have obtained marriage certificates reach an agreement through consultation.
Divorce refers to the marriage certificate reached by both husband and wife through consultation.
Sign the divorce papers,
Divorce settlement agreement,
And the legal act of dissolving marriage relationship through marriage registration.
Marriage registration is a legal act of marriage relationship. ..
Divorce by agreement is divorce by agreement.
Divorce system divorced.
The sum of a series of legal norms such as conditions, handling organs, specific procedures and corresponding legal responsibilities. Divorce by agreement is me.
The sum of the conditions of legal norms, handling organs, specific procedures and corresponding legal responsibilities. Divorce is me.
An important part of China's divorce system,
An important part of China's divorce system,
However, because the legal provisions of the current divorce system by agreement are too principled,
However, because the legal provisions of the current divorce system by agreement are too principled,
The content is relatively simple,
The content is relatively simple,
So there are many defects.
So there are many defects. ..
This paper only puts forward some problems existing in the current divorce system by agreement and how to further improve it.
Here only talk about the existing problems and how to further improve the existing divorce system.
A few suggestions for your reference.
Some suggestions are for reference.
(
(
one
A
)
)
Problems existing in the current divorce system by agreement
The divorce system in the current agreement
1
1
Divorce procedures give malicious divorcees an opportunity.
Divorce procedures, malicious divorce can be used.
There is a phenomenon in today's society that some people use loopholes in the law to engage in fake divorce or fake marriage for certain purposes.
Nowadays, there is a phenomenon that some people, for a certain purpose, take advantage of the loopholes in the law and engage in fake divorce or
Malicious divorce, its most prominent performance is to escape debt and family planning through divorce. Why are these parties
For malicious divorce, the most prominent performance of divorce is to evade family planning by evading debts. Why did the client get it?
show off
Be a great man in a way.
The most important reason is that the divorce by agreement system stipulates that the parties can divorce as long as they want, but whether it is true or not.
The most important reason for the divorce system is that the parties agree that as long as the parties can divorce, is it true?
It may be the lack of standards for review and judgment.
There may be a lack of evaluation criteria for evaluation.
Although,
Although,
The divorce agreement shows the intention of the parties to divorce voluntarily to a certain extent.
Divorce agreement, to a certain extent, is the expression of the will of the parties to divorce voluntarily.
But it does not prove that the parties did divorce voluntarily.
But prove that the client is, not a voluntary divorce.
Because the Regulations on the Administration of Marriage Registration does not specify the specific requirements of the registration authority.
As the Regulations on Marriage Registration and Management does not stipulate the registration by the registration authority.
Review the content and procedures, leading to malicious divorce, false divorce has repeatedly succeeded, relying on divorce agreements against creditors, against people.
The contents and procedures of the review lead to malicious divorce, which is often successful, and the divorce agreement is used against creditors and people.
The trial and execution of the people's court, and even some divorcees openly marry others, are still "reasonable"
The trial and execution of the civil law school, and even some divorces are solemnly married to others, or "reasonable"
、
,
"legal"
"legal"
The land is fertile. In the long run, where is the seriousness of the law and the civilized justice of society?
If things go on like this, what will happen to fertility, the solemnity of law, social justice and civilization?
2
2
The divorce agreement lacks execution.
The divorce agreement lacks enforcement.
Divorce between husband and wife involves a series of issues such as child support, property division and debt sharing.
When a husband and wife divorce, they must cover a series of issues such as child custody, property division and debt sharing.
Divorce by agreement, in accordance with the relevant provisions of the divorce by agreement system, must integrate the above two aspects, not
If one party agrees to divorce, according to the relevant provisions of the divorce system, the above two aspects must be a comprehensive agreement, and there is no
Then,
Then,
The marriage registry does not accept divorce applications.
The marriage registration office does not accept divorce applications.
But the divorce agreement reached by both parties does not
However, after the parties reach a divorce agreement, divorce is not allowed.
Have compulsory execution,
Have compulsory execution,
When one or both parties voluntarily perform their obligations,
When one or both parties voluntarily perform their obligations,
The other party has no right to apply to the marriage registration authority or the people's court.
The other party has no right to apply for marriage registration or bring a suit in a people's court.
Enforce,
Enforce,
Only in accordance with the provisions of Article 17 of the Regulations on the Administration of Marriage,
Prosecution can only be renewed in accordance with the provisions of Article 17 of the Marriage Ordinance.
This kind of lawsuit, in a sense,
In a sense, this suit says
Provide legal protection for the legitimate rights and interests of the parties concerned,
Legal protection of the legitimate interests of the parties,
But it is undoubtedly time-consuming and laborious to re-prosecute.
However, it is undoubtedly time-consuming and laborious to re-prosecute.
The system of divorce by agreement is simple,
The agreement is simple and clear,
Simple and efficient. In addition, the debtor used divorce by agreement to avoid debt.
It violates the principle of ease and efficiency. In addition, the debtor used divorce by agreement to avoid debt.
Anshun TV University
Anshun TV University
20 10
20 10
Autumn graduation thesis of law undergraduate
Autumn law graduation thesis
Baoxin
Baoxin
five
five
three
three
、
,
cooperate
cobalt
discuss
discuss
leave
from
marry
marry
After ...
After ...
about
this
manage
prison
manage
manager
operate
.
carry out
History (surname)
no
number
convenience
then
behaviour
fuck/damn it
work
for
.
In order to ensure the authenticity and legality of divorce by agreement and prevent fake marriage and malicious divorce, the current marriage registration management
In order to protect the authenticity and legality of the agreement and prevent fake marriage and malicious divorce, the current marriage registration management
Article 25 of the Ordinance stipulates that:
Article 25 of the regulations stipulates that:
"The parties applying for marriage registration resort to deceit, cheat marriage registration, marriage registration machine.
"The parties applying for marriage registration resort to deceit and apply for marriage registration.
If marriage and remarriage are not suitable, the customs shall cancel the marriage registration.
Customs and habits should cancel the marriage registration, married, remarried.