The Study On Non-Marital Cohabitation

Non-marital cohabitation,refers that a man and a woman live together but without legal marriage.As a social phenomenon, non-marital cohabitation in the history of Chinese and foreign is widespread and of long standing;the earliest can be traced back to "concubinato "in Ancient Rome,the ancient Chinese system of hetaerism, and in the lives of contemporary people,Non-marital cohabitation is still being.To the present,with the rapid economic development and a growing respect for the rights of private,there is a popular trend of non-marital cohabitation in China's Beijing,Shanghai,Hong Kong,and other mega-cities and even it has become a part of the prelude to marriage in some of men and women.Non-marital cohabitation of unmarried adult men and women,as an alternative way of life,it becomes popular, and attracted more attention of lawyers and sociologist.Particularly,in recent years,more and more urban people identify with the way of non-marital cohabitation.It has become nowadays a normal existence in more young men and women.Unfortunately,for a long time,non-marital cohabitation has been criticized for the moral,and have a direct influence on the legislative and judicial headway of China's Marriage Law. especially,to the effect of law and the legal consequence s of non-marital cohabitation,the new Marriage Law almost take Completely evasive attitude;and in judicial practice,the Court often pay no attention to it,or simply want out the cohabitation;it result that law does not recognize the validity of non-marital cohabitation in China long-standing,the administration of justice is to take the attitude of denial on non-marital cohabitation,so many disputes in judicial practice cannot be solved properly.However,non-marital cohabitation as a social phenomenon,there are the profound political,economic and social reasons behind it,and there are reasonable in the reality the law should not turn a blind eye to non-marital cohabitation.Otherwise,it only makes that the interests of the two sides of non-marital cohabitation cannot get protect by law.In recent years,it has aroused widespread concern in academic circles,scholars have also done an in-depth study,but the problem of non-marital cohabitation has not affected the formation of the final legislation,and this is a defect in the field of our marriage and family law Research.In order to clarify the concept of non-marital cohabitation and its composition,and properly address the property dispute caused by it,the author does an in-depth analysis to the Problems.This paper compares and clears the meaning of non-marital cohabitation from the concept of non-marital cohabitation,as well as the elements similar concept;and analyzes its rationality,as well as compares the attitude of the Legislative and theory of all other major countries to elaborate China's non-marital cohabitation law to carry out the need for regulation;and analyzes in detail the relationship of property in the hope of the settlement of the question;in the last the writer gives some proposals to non-married Cohabitation legislation in China,with a view to that the problems caused by non-marital cohabitation can be included in the legal system as soon as possible,so as to promote social stability,safeguard the legitimate rights and interests of two sides of non-marital cohabitation,in order to improve our marriage and family law system and make its due contributions.