被拐卖妇女婚姻的瑕疵及其救济

The Marriage Defects of Abducted Women and Their Relief Methods

对被拐卖妇女的婚姻是否存在瑕疵予以清楚厘定,才能针对性地采取有效的救助措施,以便最终摆脱婚姻对被拐卖妇女的不正当羁绊。被拐卖妇女的婚姻存在着不成立、无效和被撤销情形,应允许她们提起婚姻不成立之诉,针对无效婚姻、可撤销婚姻采取对应的救济手段,在离婚诉讼中将“被拐卖”这一事实作为“其他导致夫妻感情破裂的情形”处理。

Only by clearly determining the defects of abducted women can effective rescue measures be taken,in order to finally get rid of the improper fetters of marriage on the abducted women.There are many defects in the abducted woman marriage,which are not valid,invalid and sold.They should be allowed to file lawsuits against marriage failure,and corresponding relief measures should be adopted for invalid marriage.In divorce proceedings,the fact that"abducted"should be considered as"other cases that lead to the breakdown of the relationship between husband and wife".