The Preliminary Study About The Standards Of The De Facto Marriage

In the traditional concept of Chinese,holding wedding is an indispensable mark to establish marriage through the centuries.After the founding of the People's Republic of China,the country implements the single marriage registration system and denies the tradition of ritual marriage.Although the marriage registration system has been practiced for many years,there are still a large number of De Facto Marriages in our country for a long time.De Facto Marriage means men and women who live together as lifelong companion,and meet all the requirements of marriage except getting registration.Beside China,De Facto Marriage exist at many other countries as well.Although each country has different rule about De Facto Marriage,many countries have changed their attitude to De Facto Marriage,and begun to acknowledge the De Facto Marriage conditionally.China only protects the De Facto Marriage which happened before 1st Feb,1994.This behavior neither protect the rights and interests of the parties of De Facto Marriage,nor handle the dilemma of De Facto Marriage in real life.This article starts with introducing the concept and characteristics of the De Facto Marriage,and analyzes the situation and the reasons of De Facto Marriage,reviews the legislative history of the De Facto Marriage in China,and then compares the De Facto Marriage provisions with other countries and regions.Finally,the author provides the suggestions to identify the De Facto Marriage by analyzing the judicial practicing cases in Guangdong Province during the recent five years.Except the introduction and conclusion,the article is including four chapters,about 30000 words in total.The first chapter describes the basic theory of De Facto Marriage.In this chapter,the author defines the concept and characteristics of De Facto Marriage,analysis why and how the De Facto Marriage exit in China.Then go through the history of the legislation of the De Facto Marriage since the year of 1949,and points out the existing problems of the De Facto Marriage in China.The second chapter is about the comparative study of the De Facto Marriage in other countries and regions.By the comparison,we should learn the cautious attitude that most countries and regions take towards the De Facto Marriage,and admit the legal effect of the De Facto Marriage with reservations.The third chapter analyzes the judicial practice cases about the De Facto Marriage in Guangdong Province in the recent five years,and point out the insufficient of the law.In order to deal with the dilemma,it is necessary to acknowledge the legal effect of De Facto Marriage by formulating the identification standards.The fourth chapter is the suggestions on how to identify the De Facto Marriage.The author puts forward the guiding ideology of the standard of the De Facto Marriage,and formulates the substantial factor and form factor of the De Facto Marriage.In sum,the author wish to provide a valuable approach to solve the existing problems of the De Facto Marriage.