Discussion On Non-marital Cohabitants' Rights Protection

Non-marital Cohabitation was a topic which would lead to social dissent one decade ago. Due to non-marital Cohabitation problems sticking out constantly, today the number of non-marital Cohabitation monographs and works has significantly risen. According to survey, in our country the amount of Cohabitation people has reached several millions, but legal system absent caused the harsh reality that vulnerable side of the cohabitants can not acquire legal protection, laws usually stands in the embarrassing situation of unreliable basis only intensions. Accompany with this harsh reality is the situation which Non-marital Cohabitation phenomenon research is weak. Nowadays the country is striving to establish socialistic harmony society, the residents'material living standard improve constantly, lifestyle divert. How to recognize Non-marital Cohabitation and solve the problem appropriately in positive attitudes becomes an important issue that jurisprudence should concern to. Many jurists are fond of quoting the ancient Greek philosopher's famous remark:"Need and experience is to teach us to learn all teachers"Jurist Holmes promoted the experience and need to the life and nature of laws. This is not only human's Philosophy thinking of laws, but also the fruit of human's legal life. Therefore I made a lot of field works of anthropology, applied statistic method of anthropology to research and analyze data, presenting actual data and survey results of Non-marital Cohabitants in this thesis, reading and extracting a lot of literature about foreign countries'non-marital cohabitation legal system, attempting to compare foreign research status and results with domestic non- marital cohabitation current situation. Combined with traditional Chinese culture and Chinese experience, making detailed analyze, enhancing my basis of non-marital cohabitation research for further studying to find a more suitable solution in China. This thesis aimed to legally define non- marital cohabitation, research the legal mechanisms of non-marital cohabitation, propose legal idea for non-marital cohabitation protection, and reflect people oriented law value. I Attempt to utilize my research to benefit for protecting legal interests of cohabitants and their children., to resole dispute on personal and property during cohabitation period, to prevent and reduce the intensification of social conflicts, to guide people to think and treat correctly on marriage and love, to play a role in setting a baseline and a bottom line for legal acts implementation.