Thought On Civil Union Legislation

Being a fundamental element of society constitution, marriage and family domain is getting more complicate as the society heading forward the value diversification. Actually, the nature of marriage is renovating and developing and unconventional family is no more a new word. Diversified styles of life bring to the traditional marriage and family law many problems. And our country is also confronted with the society abuses and legal problems brought by unmarried cohabitation. After studying some concerned foreign legislations, this thesis conceived the civil union legislation in our country and demonstrated its feasibility. Taking reference to the distillation of foreign civil union system, the thesis also studies the detailed system design of the civil union in our country.The thesis is divided into 4 chapters, totaling 50,000 Chinese characters approximately.Chapter One is entitled "Summarization of Civil Union". This chapter expatiated the meanings of civil union, differentiates and analyzes some related concepts, analyzes the nature of civil union and the meanings of civil union system. The concept of "civil union" is one of the terms used to describe the civil state such as marriage. It has two meanings: civil union of the same sex and civil union of unmarried. In the final analysis, it refers to unmarried cohabitation or the same sex cohabitation. In a narrow sense, the civil union system contains the legislation for both unmarried cohabitation without sex differentiating and helpmate of the same sex.Chapter Two is entitled "Research on the Foreign Civil Union Legislation". This chapter divides the foreign civil union legislation into two parts: the same sex union legislation and unmarried union legislation, the latter consists of unmarried cohabitation of different sexes and cohabitation of the same sex. The chapter also narrates the cohabitation actuality and legislation actuality in foreign countries. Unmarried cohabitation has been under the adjustment of legislations, among which, the most important production is the civil union legislation.Chapter Three is entitled "The Feasibility Study of Civil Union Legislation in Our Country". In recent years, unmarried cohabitation has being grown very fast in our country and has a tendency of spread. Lacking of adjustment of law, the society abuses and legal problems of unmarried cohabitation are very outstanding. The academia argue severely about how to adjust unmarried cohabitation and if making legislation or not. Because of the necessity of adjusting unmarried cohabitation by law, this chapter studies the feasibility of civil union legislation, including its society foundation and jurisprudence foundation.Chapter Four is entitled "The Design of Civil Union Legislation in Our Country", which conceives the model of civil union legislation in our country and designs the system in detail. According to the theory of legal status, combining the legal tradition of our country, the thesis makes some assumption and suggestion to the model of civil union legislation, including the way and range of adjustment. And according to this model, the thesis designs the civil union system in detail, including the following five parts: the definition of civil union, the establishment of civil union, the effectiveness of civil union, the invalidation of civil union and the relief of civil union. The whole system design is based on the reference, filtration and elicitation of related foreign civil union system and is combined with the society and legal actuality of our country.