Primary Drscussion on the illegitimacy of Actual Marriage ——The legal Thought to an Civil Case
Wei Min
Abstract
Wei Min
Abstract
Our country's current marriage law has clearly stipulated the requirements for marriage. However, according to judicial practice, the Supreme People's Court promulgated judicial interpretation in 1987and 1989 to admit actual marriage conditionally. From an case, the writer illustrated the case's legal determinacy, the main differences between actual marriage and illegal conabitation; pointed out judicial interpretation's mistakes, and raised the solution to this condition is to improve marriage and family's legislation.
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Our country's current marriage law has clearly stipulated the requirements for marriage. However, according to judicial practice, the Supreme People's Court promulgated judicial interpretation in 1987and 1989 to admit actual marriage conditionally. From an case, the writer illustrated the case's legal determinacy, the main differences between actual marriage and illegal conabitation; pointed out judicial interpretation's mistakes, and raised the solution to this condition is to improve marriage and family's legislation.
Key concepts: Interpretation (philosophy), Judicial interpretation, Legislation, Determinacy, Law, Supreme court, Marriage law, Political science