把因胁迫而结婚作为可撤销婚姻的功能

The Functions Of Treating Marriage Under Duress As Cancelable Marriag

因胁迫而结婚是我国新婚姻法增设的可撤销婚姻的法定条件。把因胁迫而结婚作为可撤销婚姻处理而不作为无效婚姻处理,是因为它不仅包含了作为无效婚姻处理的全部功能,而且还体现了作为无效婚姻处理所不能体现的功能。因胁迫而结婚作为可撤销婚姻处理体现了民法的意思自治原则、是对受胁迫一方利益的充分保护以及对胁迫行为进行更为有效地制裁和遏制等功能,弥补了作为无效婚姻处理的不足。

Marriage under duress is a legal term of cancelable marriage, which is newly established in the new marriage law of China. The reason why marriage under duress is handled as cancelable marriage but not as the invalid marriage, is that it not only includes all functions that can be handled as an invalid marriage, but also reflects the functions that an invalid marriage can＇t do. Besides, it reflects some other functions： the free declaration principle of civil law, the benefits of the coerced one should be completely protected, and the coercive conducts would be punished and prevented more effectively, It makes up the lack it produces when marriage under duress is handled as an invalid marriage.