Legal Rearch On The Premarital Cohabitation

With the growth of consciousness of human rights, people are free to choose their lives. The premarital cohabitation as a life style, which was originally included in the concept of the concubine. Now has been recognized by people and become a widespread social phenomenon.And the appearance of this phenomenon is on the increase. However, some social problems arise during its existence and increase. For example, some problems of personal involved in the case of this paper. The vacancy of law in this field makes the social problems more serious. China now is a socialism country under-the-ruling-of-law, I think many problems should be solved by law. And some experts also pointed out that "in fact, cohabitation also need protection, whether it is both sides to conclude the prelude of marriage or trying to the ultimate choice. " I will make some suggestions on premarital cohabitation in this paper. This paper which is based on the previous studies, aims to investigate the realistic problems with the foreign legislation experience and China's legislative situation, and then puts forward some legislative proposals.This paper mainly analyzes some cases. It will find out some problems exist in the premarital cohabitation, which should be solved urgently by law.through analyze some cases of premarital cohabitation. It mainly includes four parts:The first part introduces various problems in the premarital cohabitation which include problems of human relationship and problems of property relationship. Problems of personal relationship include the difficulty of affirming one's right of status, the right of claim for binging up one's children, no law basis for right of claim damages, no law protection for fair and reasonable one-to-one correspondence unreasonable regulation for right of bring-up, in which the body and mind of children born to unmarried parents are easily hurt. Problems of property relationship include no protection for right of dividing property fairly and no law basis for obtaining right to inheritance.The second part is mainly present the reason for urgently solving the premarital cohabitation. First, it brings various criminal offence which have serious social harmfulness; Second, many scholars Called for the premarital cohabitation should be regulated by law; Third, it reflects the respect and guarantee of right of man; Fourth, it is the need of perfecting law.The third part is the resolve to the problem of premarital cohabitation. It analyzes the relative regulation of premarital cohabitation in current laws in our country and foreign laws.This part describes the current laws in China and analyzes the reality of solving the problem of premarital cohabitation in the country which stand for the continental law system and Anglo-American law system, which lay a foundation for the law conception of next chapter.The fourth part is the most important part of this paper and is the purpose of the author, Studying on Chinese current legislation, especially the provisions of Marriage Law, and analyzing other country's legislation experience this paper conceives some provisions of premarital cohabitation. It puts forward some suggestions of some regulations which include problems of human relationship and problems of property relationship. One personal relationships include identity right, support claims, violations compensation claim, fair and reasonable matching rights, child custody; Property relationship, it also includes division of property under the equal rights and property inheritance.