중-한 국제결혼의 증가에 따른 가족법의 문제 - 연변조선족의 한-중 “가장혼인”을 중심으로

The Family Law’s problems caused by increase of international marriages between China and Korea. ― The main theme is yeonbyeon Joseon family’s disguised marriage ―

&nbsp;&nbsp;Self-government state of yeonbyeon Joseon’s China-Korea International marriages are increasing continually because these days, Chinese’sense of values about marriage change much, and they have been generalized social phenomenon. By the way, mostly international marriages’ counterparts are Koreans and most of them are disguised marriages considering its own characteristics, the process of international marriage is made mostly by international marriage intermediation company. The purpose of this text is to analyze and grasp the problems followed by the increase of international marriage China-Korea centering around yeonbyeon joseon family-Koreans’disguised marriage problems. That is, this is for searching the legal countermeasures regarding disguised marriage by analyzing the reason and actual conditions of yeonbyeon self-government state’s internation disguised marriages China-Korea and especially by researching the existence requites and registration procedures for marrying in China’s marriage law, invalid marriage and canceled marriage, judical procedures of international divorce, intermediation of international marriage and so on.<BR>&nbsp;&nbsp;China’s marriage law chooses the doctrine of marriage by law built on the doctrine of formal intention and the doctrine of statement. The reason of disguised marriage can’t be found in relation to the invalid marriage and canceled marriage in China’s marriage law. Therefore the system of invalid marriage and canceled marriage in the law should be improved, and the stipulations about disguised marriage should be in law. In conclusion, it is needed that improvement of the law related the substantial examination reinforcement on the China’s registration law of marriage, legislation about disguised marriage on marriage law, amelioration of related procedures, jurisdiction in the code of legal procedure of international marriage, and regulation about marriage brokerage, and simultaneously China-Korea, both countries’ social and legal mutual cooperation is needed.