The Legal Regulation Of Unmarried Cohabitation

With the development of society, especially, the revolution of Feminism and the Sexual Liberty Movement in 20century, more and more people are likely to choose unmarried cohabitation instead of marriage. Behind of this phenomenon , there are many deep reasons, such as economy,society as well as psychology etc. Many western countries have already issued there own laws when facing this phenomenon, and what's more important, from their activities, we can see a trend which have shifted from prohibition to protection. In this case, the authorities have got to realize the importance of protection which in turn can maintain the society stability as the marriage does. Back to China, unmarried cohabitation has infiltrated into every realm and is well accepted in recent years as a result of freeing the thinking pattern. Although unmarried cohabitation has become a non-ignorable phenomenon, the lack of appropriate regulations gives rise to ill protection on peoples'legal rights between the unmarried cohabitation parties, let alone the construction of harmonious society. In result, this essay is going to dedicate all my efforts to propose some practical ideas on regulations of unmarried cohabitation with Chinese character, in regard of the experience of western countries. Therefore this essay can be divided into three parts:Partâ… : Firstly, it will give a brief introduction into the definitions of unmarried cohabitation, and then analyze the nature of it. Some similar conceptions with unmarried cohabitation will be discussed, such as illegal cohabitation, state of marriage as well as adultery, etc.. Finally, according to different standards, unmarried cohabitation can be classified into different types. It will concentrate on three types, including with or without children, with or without contract between the cohabitants as well as old &young cohabitants. This part is a fundamental and basic of all essays and it functions as paving the way for the following part.Partâ…¡: According to the comparisons of regulations on unmarried cohabitation between some representative countries like American,France,Germany, etc., the advantages and disadvantages of different regulation systems will be discussed. It is safe to say there is no perfect thing between Contractual Regulation and Identification Regulation. Each one has outstanding advantages, but still has some non-ignorable shortcomings. When it is applied to our homeland, we should give play to the advantages, but keep the shortcomings in mind. Based on the analysis above, this part is going to give a more specific and practicable suggestions to our own legal regulation. Partâ…¢: This part is the main core which guides the tendency. Firstly, it analyzes the necessities of unmarried cohabitation. It starts from the protection of weak groups, and then the social stability, finally it comes to the functions of family. Secondly, it illustrates the basic principles in regulating, such as the free mind principle, the distinguisher principle as well as the protection of women and children principle, etc.. At the end, it proposes the ideas of how to regulate unmarried cohabitation with Chinese characters. The final part includes four aspects. Firstly, it discusses how to establish unmarried cohabitation and then remove it, with the guidance of analysis above. Secondly, it discusses the personal relationships from the specific conditions of China. Thirdly, the property system has been placed much attention. According to different property systems, it will establish a unique property system with Chinese character. Finally, the relationships between cohabitant and children are going to be discussed.