Legal Issues Of De Facto Marriage

For a long time, China's de facto marriage in the urban and rural areas, particularly in rural and remote and backward minority areas and there are a lot of the continuous increase in the spread of the trend. The law on the "eradication" It does not change the objective existence of this issue, the attitude of national legislation have been relatively contradictions, and hovering in the back and forth repeatedly, there is still so far evaded by. Abroad there is a de facto marriage the same problems, and to serious than the Chinese. But regardless of all forms of marriage different from how the provisions of the fact that marriage problems are largely ignored avoided. Since the 1970s, more and more countries are beginning to adjust to the fact that marriage, cohabitation both sides entitled to certain rights and assume certain obligations, it can be said for the fact that marriage is recognized and concessions the general trend of legislation, but will Continue to move forward. Overseas Chinese legislative experience is worth learning and drawing. On all fronts, the fact that marriage recognition and protection of the rights and interests of the parties are necessary, whether from China's realities, the foreign model legislation, or the traditional respect for nature and the Marriage Law of Private Law, or the value of the Marriage Law Equity options side are so. Therefore, the paper based on the realities of China, from the start with the existing legislation, was revealed as "progress" in the current legislative issues, raised in the institution of marriage registration based on the fact that while recognizing the marriage, a registered marriage and its differentiated Protection and, ultimately, the foreign legislation on the basis of the facts in all aspects of marriage are given a system of legislative proposals.In this paper, in addition to the introduction and conclusion, is divided into three parts.The first part, de facto marriage on the basis of the theory of some of the major expositions of the fact that the relationship between marriage and the institution of marriage, the concept of de facto marriage, the nature, characteristics, and related concepts as well as the relationship between civil law and common law marriage on the fact that the status of inspection ;The second part, my marriage face the facts and causes of the confusion, some of the major expositions of the fact that the existence of marital status and the existence of reasons, and the necessity.The third part, China's de facto marriage and reflect on the concept of legislation, part of the statement of the facts after the founding of New China's attitude towards marriage legislation in history, focusing on China's current review of the institution of marriage, analysis and evaluation; Finally, the first two parts of the comprehensive analysis on , To improve China's Marriage fact that the legislative concept. What is basically along their de facto marriage, the existence of background, how the existence of the status quo, why would de facto marriage, the legislative history of how foreign legislation is the regulation system, the need to recognize the fact that marriage, what are the existing legislation How to improve the shortcomings of such a line of thought into the writing referred to.