再论事实婚姻的性质

The Quality of De Facto Marriage

我国立法对于事实婚姻的定性一直都很模糊,这是因为民法学界未明确法律行为的成立和生效的区别,民法中关于法律行为成立和生效的基本原理和刑法中关于事实重婚的规定都表明事实婚姻的性质是无效婚姻。

The quality of de facto marriage is not clear in Chinese law. This is because the academic community on law has not clearly distinguished the establishment from the effectiveness of legal act. The quality of de facto marriage is invalid marriage. This has already been manifested by the basic principles of the establishment and the effectiveness of legal act and criminal's stipulation on factual bigamic marriage.