Legislation On Unmarried Cohabitation

Unmarried cohabitation as a social phenomenon , a long, it can be said that unmarried cohabitation study and reflection has been a multidisciplinary mean that both the proposition that the law, demography, sociology, etc. are involved. By the author alone on the field of study of law, the legislation has been presented with all reflection of the characteristics of the Legislative Council, the legal system is in the new social trends widely accepted under the initiation of the situation,which is legal in modern life omission of providing for the settlement of the way.In recent years unmarried cohabitation worldwide rapid development of a modern model of a family. Limited to the traditional moral values and marriage values,our legal acts of unmarried cohabitation taken by the main attitude is evasive and unmarried cohabitation adjustment of the civil extremely fragmented,and the absence of systematic legislation on the effective unmarried cohabitation and reasonable legal regulation. However, unmarried cohabitation between men and women as a new community of life, the universality of its existence and the continual development of the concept of family changes, and society will be regarded as a new form of family relationship, the law is also timely to respond.In the field of contemporary Chinese families, unmarried cohabitation has become parties to choose a family life. However, China has long been the law does not recognize the validity of unmarried cohabitation, the judiciary is unmarried cohabitation taken completely denied attitude. The author believe that unmarried cohabitation should be recognized by law and the legal regulation of a target and for this reason, China urgently need to establish the relevant legislation to adjust the system of unmarried cohabitation. From the meaning of unmarried cohabitation,the author wants to cut through unmarried cohabitation of the nature of the analysis of the relevant legislation abroad on unmarried cohabitation legislation system to study the related issues, and according to the conditions of our country construction of a unmarried cohabitation legislation,to give some advice .The full text is divided into four parts, about 30,000 characters, and the logic is used step-by-step structure. Chapter 1 is the basis for this article, focused on the meaning of unmarried cohabitation, specifically including the definition of unmarried cohabitation, constitute elements of nature and legal status. First, the study of unmarried cohabitation laws, regulations, the issue must be clear what we are talking about is the unmarried cohabitation, which must be related or similar to exclude the concept, which relates to the definition of unmarried cohabitation, that should be a unmarried cohabitation No legal obstacles that the two sides based on gender and the establishment of the two sides desired to live together for the purpose of life, with the two sides in the marriage regardless of the intent. Then, in the initial unmarried cohabitation under the definition, but also look into the composition of its elements, namely.1, A unmarried cohabitation of the two sides must be men and women without a spouse; 2, The two sides established a voluntary couples the same as living communities, but do not have a legal marriage in the form of Elements ;3, cohabitation acts must be open; 4, It should be continued cohabitation of a certain period. Again, the nature of the analysis, the authors made reference to the theory and advanced foreign experience, to attempt a comprehensive unmarried cohabitation, and analysis phases of a study that the unmarried cohabitation whether in China or abroad alive intermittent development, the initial advance: 1, Unmarried cohabitation is a single alternative; 2, Unmarried cohabitation is a prelude to marriage; 3, Unmarried cohabitation is a substitute; 4, Unmarried cohabitation and marriage go hand in hand. Finally, the author of the mainstream domestic views, and in accordance with the relevant judicial interpretations of unmarried l cohabitation and make the legal status of the definition of that unmarried cohabitation should become a modern society in which people freely choose a life style has its own separate the legal status, and not "linked" to other related concepts forward.Chapter II of this paper, the basic theory articles, the purpose of this chapter is to find a theory of unmarried cohabitation system to the basis for the legislation, and such legislation to appropriate the principle of the system. We know that things in the conduct of any legislation system, should also be found from the real-life basis, not only for the legislative work of the theoretical basis and tenacity sources, the legislation would allow the law recognized and accepted by the public . According to the School of Natural Law theory, the "draconian law illegal", and that is why, on unmarried cohabitation based on the system of legislation is necessary. The author attempts from the perspective of observation, that is, philosophy, sociology, economics and law basis. From every point of view can be found in strong support at this stage in our country of unmarried cohabitation system to the basis of legislation. On the basis of, naturally talked about issues of principle, as we all know, apart from the legal point of the high degree of its highest principle, or any one sector of the Legislative Council, has its own "mini" principle, a unmarried cohabitation Legislation, and the author made reference to the current domestic and international mainstream view that there are two principles, one of which is the principle of differential treatment, that is the legal regulation of unmarried cohabitation, and should be distinguished from the married relationship, between the two. there is a clear line and the other is the value of the principle of neutrality, a neutral principle that laws in unmarried cohabitation and marriage maintained between the neutral position of unmarried cohabitation neither blame nor encouraged, given full the right to free choice of the parties is also in the area of private law in line with the meaning of the principle of autonomy.Chapter III of this chapter of the legislative study for the next on China's national conditions to adapt to the current legislation system provides reference and inspiration, in this paper, the role of a connecting link. Firstly, the common law of the relevant legislation, inspection, and the common law countries that is representative of the United Kingdom and the United States, therefore, mainly the United Kingdom and United States on unmarried cohabitation legislation of a list and analysis, and find the same with different points such as unmarried cohabitation in the evaluation of the existing legislation, the United Kingdom demonstrated affinity attitude, and the United States is relatively harsh, not authorized by law; operation in the administration of justice, particularly in the upbringing of children, division of property and labor for all aspects of the adjustment and the protection of the law. The article followed by the civil law of the relevant legislation inspection, the inspection strong national representation, respectively Germany, France, the Nordic region (the Scandinavian peninsula) and Ethiopia. Overall, the Nordic region on unmarried cohabitation of the legislation is to take the system in the forefront of the world in their countries, marriage and unmarried cohabitation almost the nature of the same, really done a parallel, citizens are free to choose.Chapter IV is the full text of the chapters focus is the end-result of this paper. After a discussion of the meaning of unmarried cohabitation, the basis for the legislation system and inspected the relevant foreign legislation, the author try to put some of China's current situation of unmarried cohabitation legislative proposals. Respectively in the four proposals, one of which is on the concept of unmarried cohabitation, integrated view of our marriage and family legislation, the concept of unmarried cohabitation not clear, although in theory there are many scholars and industry experts this concept make its own definition, but ultimately did not rise to level of the law, therefore, this legislation is necessary to clearly defined. Second, it should be clearly established by the unmarried cohabitation with the conditions, the authors point out that there are four aspects, namely, 1. Unmarried cohabitation must be consistent with marriage Elements; 2. Unmarried cohabitation must live together; 3. Unmarried cohabitation must be as open; 4. Unmarried cohabitation must be on the continuity of time. The four aspects are interlinked, and the lack of any on the one hand, unmarried cohabitation will lead to the confusion in the legislation, these four aspects of the article discussed in detail, will not repeat. Third, unmarried cohabitation should be required by the legal effect of this is a legal act into a realistic model of the theory of this, the author discusses the major three-pronged approach: 1. The beginning of unmarried cohabitation. As the conclusion of the marriage from the moment that is protected by law and reasonable position, unmarried cohabitation from the beginning when, in the Legislative Council, must be clear from the legislative attention to the spirit of the traditional civil law one of the basic principles - freedom of contract Principles; 2. Because of unmarried cohabitation and the personal relationship and property relations. Like marriage, personal and property relations between unmarried cohabitation is legislation system in the very important element, it must be regulated, as in personal relationship, the unmarried cohabitation between the parties should not be given any personal relationship, in property relations unmarried cohabitation between the parties can not be based on their cohabitation life itself have any common property system. Fourth, there should also be corresponding procedures for the protection of unmarried cohabitation rights of the parties, is the so-called process of justice is the real justice and substantive rights if it is separated from the protection of the procedures, then can be said that the rights of nothingness, or pseudo-rights such as the fact that unmarried cohabitation evidence of the state of the system of assigning common property, the obligation to support and inheritance rights norms should be applicable to behavior-based, and so on.Unmarried cohabitation although China has been in existence for some time, the concept has gradually been accepted by the public and recognition, and judicial practice in a lot of cases, but we should also clearly see that China's current Law on Marriage and Family on the reorientation of this relationship The legislation also remain in situ, in judicial practice is often through judicial interpretation or judge cases based on the principle of balance with the actual circumstances of discretion in the legislation is no rule to follow is the slightest or blank.