Research On Partner Family Legislation

Worldwide "family revolution" and the "marriage revolution" are changing more and more rapidly.Those traditional marriage and family patterns are constantly being impacted by various new marriage and family patterns and become diversified.Countries are in the flow of marriage and family change,and they are responding to the law.The concept of "partner family" as a higher order has gradually emerged in the study and legislation of marriage and family law.In the face of this complex phenomenon,there are many differences in the course of theoretical research,legislation and judicial practice.Some are conservative,some are aggressive,others are hesitant.They are crossing the river by feeling the stones.Under the background of this research,the domestic and foreign research on the "partner family" is limited.It is the research of "point or point-point" level.It failed to achieve the overall legislative level of "from point to face,from face to body".China's research on "partner family" is still in its infancy.There are few legislative gaps and typical cases.However,various social phenomena under the category of partner families have already been surging in the dark.The legislation of the partner family should be put on the agenda.Although it is in the beginning,it has the advantages of the latter.You can stand on the shoulders of giants and make full use of the achievements that have been achieved in various countries' legislation.Avoid the lessons of foreign countries.On the basis of comprehensive comprehensive evaluation and reference,we should carry out the overall planning and construction of the legislative system of partnership family law.The purpose of this study is to plan and build a family partnership law.The basic research ideas are divided into three parts: The first part is about the legislative adjustment object,namely,the origin,concept and type of spouse family(1-2chapter).The second part is to collate,evaluate and draw lessons from extraterritorial family legislative experience(3-4 chapter);the third part is the preliminary planningand design of the legislative system and the main content of our partner family(5chapter).In the three parts of the study,the author has preliminarily completed the following theoretical combing and Views:1.the partner family is a social and historical phenomenon that has been objectively existed since the marriage and family changes to the modern age.This phenomenon has already formed in foreign countries,and has become an unavoidable reality in China.In the theory of marriage and family law,the concept of "partner family" should be established.It is necessary to make legal adjustments to various family forms under the category of partner family.2.the types of partner families in the world can be summarized into four types of legal adjustment types.The bottom pattern of each branch in the type spectrum is the pattern that requires legal adjustment in practice(other concepts are necessary for the study method in the system research method,see the structure of the text).The first type of family is marriage.Second stage,the core difference between the first stage and the second stage is "mode diversification".The need for law to adjust the patterns are: Marriage,factual marriage substitution model(factual partner family law),heterosexual cohabitation,same-sex marriage substitution model(civil union or registered partner family law),homosexual cohabitation,neutral family,non sexual contact family.Third stage,The core difference between the second stage is "the legalization of same-sex marriage".The need for law to adjust the patterns are:Marriage,factual marriage,same-sex marriage,neutral marriage,heterosexual cohabitation,homosexual cohabitation,neuter cohabitation,and non sexual connection family.Fourth stage,The core difference between the third stage is "assimilation of various models"(except for non sexual connections).The need for legal adjustment is exactly the same as the third stage.3.the relationship between the four types of spectrum is a progressive development in general,thus providing a reference guide for the legislation of family partners in China.Accurately positioning China's development stage,making clear the legislative tasks at this stage,and anticipating the next stage of challenges: The first type is characterized by singleness,with only one marriage.The second species ischaracterized by conservatism.In practice,there are some types of legal deficiencies in some countries.The representative of the more complete architecture is Hungary.China is in transition from the first type spectrum to the second type spectrum.At present,the legal adjustment of the fact marriage and the heterosexual cohabitation in the mainland is seriously inadequate,and the legal adjustment of the substitution pattern of same-sex marriage,homosexual cohabitation,the family involving the neutral people and the non sexual contact families is completely blank.The third kind is characterized by immature legislation conditions,but the same as "political correctness" to make same-sex marriage legal.It is necessary to undergo several tests of contradiction before gradually realizing the legalization of same-sex marriage.Factual marriage,cohabitation,marriage are converging.Marriage seems to be a single mode of partnership.It seems to be similar to the first type spectrum,but marriage has already completed its spiral evolution.4.from the legislative name,the legislative model,the registration,the adjustment of the subject,the relationship between the rights and obligations,the application of the law,the conflict of laws and the legislative process,the experience of the family legislation of foreign partners is summarized.5.according to the second types of spectrum and foreign legislative experience,the design of the "partner family" system in China should follow the following train of thought:(1)the establishment of a civil union system or the registration partner family law,which is applicable to the opposite sex and homosexual partners.As a substitute for factual marriage and same-sex marriage.Rights and obligations are almost equal to marriage.The legislation may refer to the framework and law of the marriage system.To register as the main,no registration is added.The same sex should be prudent in adopting children.(2)The establishment of a cohabitation partner system is suitable for heterosexual and homosexual partners.We should respect the principle of freedom and give the bottom line regulation.Rights and obligations are less than marriage.It is divided into three parts: the establishment of relations,the legal effect and the termination of the relationship.It is mainly not registered.The cohabitation protocol can be notarized.The non compulsory registration is in equity and limit freedom,but it should bear the corresponding risk of non registration.(3)Afamily with a neutral person can learn foreign practice and make institutional arrangements according to the homosexual family.(4)Asexual families should give basic legal protection,which should be adjusted by signing the legal contract.(5)The stage of legislative transition encourages new partners to sign a partner contract.Make a paradigm contract and explore the way to popularize the paradigm of the contract.(6)The legislative process should follow the prescribed order.The issue of the cold war camp of international human rights is related to the question of the same sex.It is not suitable for the legalization of same-sex marriage,and it is not suitable to disregard the reality.Domestic economic and cultural differences are very wide,so we can not take high value,low value or average value when examining the acceptance of the public.At present,the homosexual family system is not suitable for large area legalization.It can follow the example of foreign countries and choose a pilot area in Shanghai or Shenzhen to respond to realistic needs.(7)The civil code is compiled,can be selected in the civil code "section of marriage and family" in a special chapter on partner family response,also can make separate law.Do a good job with the integration and connection of all parts of the civil code.Based on the individual research ability and research content and system,it is unavoidable that there are many errors in the study.And because of the limitation of space,the sociological research on related issues,including data and research,has not been the focus of research.It is expected that the thesis should be criticized and corrected to improve the follow-up research so as to store and paving the theory for the legislative level.Make the legal system clear and remove the contradiction.When the legislation is started,the system is clear,the process is smooth and the curve of the West is avoided.