On The Regulation For Unmarried Cohabitation

As a social problem,non-marital cohabitation is adjusted by early codes such as: "Hammurabi Code," "Mount Merino Code," Early legislations took a free and tolerant attitude towards non-marital cohabitation. At that time legislations only tried to legitimate marriage and family relations as a substitute for non-marital cohabitation in order to adjust the marriage and family relationship as a whole. In the Middle Ages religious forces was very strong, the Western Christian countries generally implemented abstinence, and their attitude towards non-marital cohabitation legislation was very strict. Christian marriage was designed for "a man and a woman, monogamy, wholeheartedly, life long"; in modern times, with the Western feminist movement, gender equality, and sex revolution in the 1960s and 1970s last century, non-marital cohabitation was wide spread in western countries .This also brought about a series of social problems, which led to changes in traditional practices, for the start of non-marital cohabitation legislation. With China's reform and opening up to the economy, culture and social changes, such as the concept of purity, this social phenomenon of non-marital cohabitation in China showed an increasing trend, which includes: extending the period of sexual unemployment, lower rates of marriage, increasing divorce rate, The resultant legal dispute also showed a rising trend. However, the laws in our country have not relevant requirements. In this article, non-marital cohabitation with a view to the establish of a corresponding system is discussed.In addition to the introduction, and the conclusion, the paper is divided into four parts.Part I: Overview of non-marital cohabitation. Non-marital cohabitation is a short form of non-marriage cohabitation, two persons, heterosexual or homosexual, who have full civil capacity , voluntarily, stable and sustainable, live together .Research on the nature of non-marital cohabitation and non-marital cohabitation with the relevant distinction between the concept of cohabitation, non-marital family and the traditional family differences.Part II: The status of non-marital cohabitation and genesis. Non-marital cohabitation family as a new marriage and family patterns has become very common in some western countries. With the opening-up strategy, especially in recent years, non-marital cohabitation grows fast in China.Part III: Laws on non-marital cohabitation. History of non-marital cohabitation legislation. Outlines of non-marital cohabitation and provisions since the founding of PRC.Part IV: Proposals on China's non-marital cohabitation legislation with some foreign countries legislation on non-marital cohabitation provisions from six areas :personal relationship between the non-marital cohabitation parties, property relations between the non-marital cohabitation parties, relationship between non-marital cohabitation parties and their children, non-marital cohabitation inheritance relationship between the non-marital cohabitation parties, non-marital cohabitation between the parties who are mutually dependent, proposal on the termination of non-marital cohabitation.