Protection Of Marriage And Regulation For Unmarried Cohabitation

The current lawmaking of our country denies the putative marriage, so relationships between men and women main present as marriage and unmarried cohabitation which is not illegal. See from the developmental trend of sexual relationships of the world, marriage continues to shrink, rather than the ratio of the unmarried cohabitation then presents the up-trend, while at parts of regions still appeared life long Singlehood trend. In order to respond to these changes, most of western countries enacted rules to regulate unmarried cohabitation, some nations even built up the court registed cohabitation law system. At the same time, the marriage protection movement also rises gradually.The marriage system has been essential system of sexual relationships since the civilization began, it is loaded numerous social functions, rather than the unmarried cohabitation then experienced a process that from be forbidden, be limitted to nowadays be protected even. The spread of unmarried cohabitation not only brings a series of social problem, but also weaken the marriage system to some extent. But, in the society of high mobility and free emloyment, unmarried cohabitation has its objective factor of existence.So, clarification of the reasonable relationship between marriage and unmarried cohabitation, has the very important history meaning and realistic meaning in scientific lawmaking to stabilize basal marriage family and to protect human rights.This text follows the way of principle, domestic and international present condition, the counterplan of future to arrange the textual logic structure. The full text is divided into five part.Chapter One starts with the concept of marriage, analyzed it's property and social functions, thinking that marriage is a widespread form of sexual relationship, which is approved of by certain social system. Its characteristic include: Take living together permanently as the purpose, with keeping posterity as main contents, and has a mightiness manifestation. The basic reason of the marriage formation is a demand of keeping posterity, which limited mankind's sex freedom, so as to explicit parentage and prevent from close relative marriages. The widespread of unmarried cohabitation is the combinative outcome of Rights, Naturalism, Science and Technology progresses, as it promotes personal sex freedom, it also brought a great deal of single-parent families, and gave a impact on marriage system, represented in the phenomena that marriage shrinks continuously in the proportion of all kinds of families, while divorce rate commanding.Chapter Two analyzed the social foundation that supports the marriage family. By weakening sexual moral, impacting on the faith of forever love and promoting individualism, unmarried cohabitation struck marriage system heavily. Through comparison on values, get the conclusion that we should protect marriage family prior to unmarried cohabitation.Chapter three briefly introduced the lawmaking experiences of several western nations. By contrastive analysis, thinking that, there are lots of differences between our nation and western nations, it is not appropriate to follow these nations to treat unmarried cohabitation like marriage. Currently, those nations which go ahead in the unmarried cohabitation lawmaking already showed trend of regression to marriage, this phenomenon deserves our attention.Chapter Four and Five listed a few concrete suggestions on law system, including enlargement in the protection of marriage, establish: third party responsibility, engagement to marry system, the putative marriage system, and confine the unmarried cohabitation, negate: the legal loyalty duty, heirship, agency right on family affairs and adoption right between unmarried partners. At the same time, for the sake of women and children's rights, the author suggests that, unmarried partners have salvage duty, humanitarian help duty and raising children duty mutually during the period of cohabitation. If the fertilities of women are injured because of abortion, the men who are responsible to the pregnancy have duty of compensation when cohabitations are ended. Moreover, in order to protect the rights of children who are born out of marriage, suggested founding the precise positive and claim system. Those contracts between unmarried partners which are based on free will are not always illegal, we should treat them separately.