Legal Readjustment Of Cohabiting Relations

Co-habiting, in a sense, is a sign of openness of society and tolerance of public opinion towards non-marital sex and homosex. China also witnesses an increasing trend of co-habiting of non-marital sex as well as homosex. Therefore, we should study this social phenomenon and its rationality and guide and regulate it with laws, for ignorance and punishment simply can not solve this problem. It is necessary to modify existing laws accordingly. Otherwise, the legitimate rights and interests of our citizens cannot be well protected, especially the vulnerable group. That is why it is pressing to establish a legal system regulating the relations of cohabiting.This thesis is divided into 3 parts plus introduction and conclusion.The first part is Jurisprudence basis regulating the relations of cohabiting. This part is further divided into 3 sections. The 1st section defines cohabiting relationship. Through analysis of and comparison between the etymologic and legal meanings of cohabiting, the author attempts to clarify the extension and connotation Of cohabiting relations and the definition itself as well as the abstract features. This section sets the argument scope of this paper. The 2rd section explains the current legislative situation of law amendment of cohabiting relations. Through the analysis of the changes in legislative readjustment, the author clarifies the legislative attitude of China for all these years and its future legislative scope. The 3rd section is about the legislative base of legal readjustment of cohabiting relations. Through the analysis of its foundation in terms of philosophy, sociology, economics and law, the paper provides a legislative guidance in theory to readjustment of cohabiting relations.The 2nd part is about overseas legislative experiences. It is further divided into 4 sections. The 1st section is an overview of overseas legislation of cohabiting. Case study countries include USA, France, Germany, the Netherlands, and Ethiopia. The 2nd section analyzes the situation in Chinese Taiwan. We found that Taiwan is also trying to make a breakthrough. The 3rd section is a comparative analysis of overseas legislative models, which offers some lessons for China. The 4th section is about what we can learn from overseas legislative experiences. The paper has made two points: 1, the legislative model can followRegistration system Partnership Model; 2, in theory, Legal status theory can be used as a reference.The third part is the institution design of legal readjustment of cohabiting relations. This part is further divided into 2 sections. The first sets out legislative principles of this readjustment. This sections aims to provide guidance in principle to institution construction of cohabiting relations. The 2nd section is the concrete institutional design, which is the result of previous discussion. The authors expressed his view about the definition of cohabiting relations, Elements,Cohabitation between the personal and property relations in the force and its termination.