An Empirical Study On The Legal Problems Of China’s De Facto Marriage

Marriage as a union between men and women has the dual attributes of nature and society. Whether in the ancient society, or in the continuous development and progress of modern society, marriage relationship of the stability and harmony has always been the stability and development of the society as a whole, it is a lot of social relations is the premise of harmonious and stable development. Based on the basic role of marriage and family relations are so important, the rulers of marriage norms is also essential. In the ancient society, the establishment of marriage is to go through a series of traditional rituals to obtain the effectiveness of the marriage, such as ancient married six ritual procedures. From the new China was founded, China abandoned the traditional wedding ceremony, with law stipulates clearly established lawful marriage registration system is the only form important document, since then,the fact marriage as a legal marriage of derivatives. But the rules did not ban fact a marriage, the phenomena of it still exists as an objective phenomenon a lot, especially in some are greatly influenced by the traditional wedding customs, legal consciousnes of some rural and remote areas of traffic inconvenience. Because of the disconnection between law and social life, bring a series of problems to the judicial practice, dealing with the disputes caused by factual marriage, disadvantaged women and the children’s rights and interest protection problem faced with troubles, the victim in the provisions of the law and reality is difficult to find a balance between the protection of the rights and interests.This article through to the phenomena of marriage in the life of investigation and study, analysis the reasons of the existence of a large number of fact marriage,through the perspective of actual typical cases in the real life, to find out the regulation of our country at present marriage law to facts appear in judicial practice and a social life of malpractice, the empirical research on relevant issues on fact that marriage and other country, on the basis of successful experience, proposed consummates our country the fact an idea of institution of marriage, in order to perfect the system of marriage in our country, help solve problems in the judicial practice.