Part B 選擇搭配
Directions:
In the following article, some sentences have been removed. For Questions 1~5, choose the most suitable one from the list A~G to fit into each of the numbered blanks. There are two extra choices which do not fit in any of the gaps.
The marriage Law of People's Republic of China was modified in 2001. The amendment adapts to the variations in the economic development and social changes.
1._________________Some basic systems were not set up in the former law, such as system of void marriage and voidable marriage and compensation for the divorce injuries etc. The second is lack of modification and compliment. Ever since its enforcement in 1980, the Marriage Law had not been modified in spite of the severe change occurred in the real life of Chinese marriage and living conditions. Therefore, the modification of the Marriage Law was not only necessary but also in emergency.
2._________________In the following, the main facets of the amendment will be enumerated and commented.
3._________________The four circumstances are bigamy, consanguineous marriage that is forbidden by law, having certain illness before the marriage that is deemed in medicine not supposed to marry and not cured after marriage and having not reached lawful matrimonial age. In the Article 11, it is stipulated the marriage that can be annulled that is, voidable marriage. The stipulations of the voidable marriages contain the cause and the time limit of petition. In the Article 12, the legal consequences of the void marriage and the voidable marriage are stipulated. The consequences are that such marriages are void from the very beginning and the parties do not enjoy marital rights or bear marital obligation. The property that was obtained in the cohabitant period is to be dealt with according to the parties agreement and if no agreement is reached the court will decide in the principle of considering the party with no fault. As for the bigamy, the interests of the party in a legitimate marriage shall not be infringed and the stipulations in the law of relation between parents and children are applied to the children in bigamy.
4._________________Contrary to the media dissemination before the modification that criminal responsibility will be included in the problem of second concubine, the new Marriage Law just adopt the civil liability. However, it is still strengthened in the field. The new Marriage Law abandoned the distinction of bigamy in lawful form and bigamy as a matter of fact. The bigamy in the new Marriage Law is only the bigamy in lawful form. The bigamy as a matter of fact is included in the cohabitation done by people who have other legal spouse. In the Article 46, both bigamy and the cohabitation of people who have spouse are conditions on which the other party is entitled to damages.
5.__________________To cohabit with other people during the period of marriage is out of question the breach of the loyal obligation and the violation of the other party's consortium. However, such rights and obligations can be stipulated in the Marriage Law. Criminal responsibility has no legal basis to be included into this part of law, for if so, the execution of law will be deprived of corresponding basis.
[A] The second concubine is the typical example of cohabitation with others done by people who has spouse. Marriage is presumed to be a deed between certain man and woman who bear the loyal obligations.
[B] In the first place, the system of void marriage and voidable marriage has been induced in the new Marriage Law of P.R.C. In the Article 10 of the Marriage Law it is stipulated that if one of the four circumstances of marriage is fulfilled the marriage will be announced void by courts.
[C] There are two main deficiencies in the Marriage Law of P.R.C. before the modification, first of which is that the clauses are mostly abstract principles and lack of systematically completeness.
[D] After the modification, several new systems are established and some clauses are defined clearer and more positive.
[E] The marital property system has always been an essential system in the family and marriage legal regulations.
[F] Secondly, the law is strengthened to address the situation of second concubine .
[G] The divorce criteria have been completed. In the 1980 Marriage Law, the general principle of incompatibility is adopted.
Directions:
In the following article, some sentences have been removed. For Questions 1~5, choose the most suitable one from the list A~G to fit into each of the numbered blanks. There are two extra choices which do not fit in any of the gaps.
The marriage Law of People's Republic of China was modified in 2001. The amendment adapts to the variations in the economic development and social changes.
1._________________Some basic systems were not set up in the former law, such as system of void marriage and voidable marriage and compensation for the divorce injuries etc. The second is lack of modification and compliment. Ever since its enforcement in 1980, the Marriage Law had not been modified in spite of the severe change occurred in the real life of Chinese marriage and living conditions. Therefore, the modification of the Marriage Law was not only necessary but also in emergency.
2._________________In the following, the main facets of the amendment will be enumerated and commented.
3._________________The four circumstances are bigamy, consanguineous marriage that is forbidden by law, having certain illness before the marriage that is deemed in medicine not supposed to marry and not cured after marriage and having not reached lawful matrimonial age. In the Article 11, it is stipulated the marriage that can be annulled that is, voidable marriage. The stipulations of the voidable marriages contain the cause and the time limit of petition. In the Article 12, the legal consequences of the void marriage and the voidable marriage are stipulated. The consequences are that such marriages are void from the very beginning and the parties do not enjoy marital rights or bear marital obligation. The property that was obtained in the cohabitant period is to be dealt with according to the parties agreement and if no agreement is reached the court will decide in the principle of considering the party with no fault. As for the bigamy, the interests of the party in a legitimate marriage shall not be infringed and the stipulations in the law of relation between parents and children are applied to the children in bigamy.
4._________________Contrary to the media dissemination before the modification that criminal responsibility will be included in the problem of second concubine, the new Marriage Law just adopt the civil liability. However, it is still strengthened in the field. The new Marriage Law abandoned the distinction of bigamy in lawful form and bigamy as a matter of fact. The bigamy in the new Marriage Law is only the bigamy in lawful form. The bigamy as a matter of fact is included in the cohabitation done by people who have other legal spouse. In the Article 46, both bigamy and the cohabitation of people who have spouse are conditions on which the other party is entitled to damages.
5.__________________To cohabit with other people during the period of marriage is out of question the breach of the loyal obligation and the violation of the other party's consortium. However, such rights and obligations can be stipulated in the Marriage Law. Criminal responsibility has no legal basis to be included into this part of law, for if so, the execution of law will be deprived of corresponding basis.
[A] The second concubine is the typical example of cohabitation with others done by people who has spouse. Marriage is presumed to be a deed between certain man and woman who bear the loyal obligations.
[B] In the first place, the system of void marriage and voidable marriage has been induced in the new Marriage Law of P.R.C. In the Article 10 of the Marriage Law it is stipulated that if one of the four circumstances of marriage is fulfilled the marriage will be announced void by courts.
[C] There are two main deficiencies in the Marriage Law of P.R.C. before the modification, first of which is that the clauses are mostly abstract principles and lack of systematically completeness.
[D] After the modification, several new systems are established and some clauses are defined clearer and more positive.
[E] The marital property system has always been an essential system in the family and marriage legal regulations.
[F] Secondly, the law is strengthened to address the situation of second concubine .
[G] The divorce criteria have been completed. In the 1980 Marriage Law, the general principle of incompatibility is adopted.