Research On Regulations Governing Unmarried Cohabitation

The rapid expansion of the phenomenon of unmarried cohabitation develops grim challenges to traditional family law system. On one hand, the complexity of this problem is increasing to provoke greater social concern; on the other hand, the present law fails to keep pace with the changes of social reality to regulate unmarried cohabitation. Its legal problem will definitely be one of the prominent concerns in the field of family law. This article mainly discusses the regulations governing unmarried cohabitation. Besides preface and conclusion, the paper consists of three chapters.Chapter one is the basic theoretical analysis of regulations governing unmarried cohabitation. Firstly, after analyzing the concept of unmarried cohabitation defined by many scholars , the author defines the concept as follows: unmarried cohabitation is a combination of the sexes that conform to marriage essence and do not fulfill registration of marriage legally but live together. Secondly, the author analyses the phenomenon of unmarried cohabitation and points out that the phenomenon has its reality and rationality. Thirdly, for the argue whether to carry on legal regulations governing unmarried cohabitation or not , the author points out it is very necessary and feasible to carry on legal regulations governing unmarried cohabitation. Finally, after providing a brief review of the legislation history of unmarried cohabitation, the author points out that there are many disadvantages in our unmarried cohabitation law, the provisions of civil law and criminal law are in contradiction, etc. It needs to be proved immediately.Chapter two is the comparative research on regulations governing unmarried cohabitation in foreign countries. Firstly, countries all around the world regulate unmarried cohabitation in many different ways. The author makes America, France, Holland and Australia for examples to summarize three different models of regulation: Contractual Model, Factual Partner Model and Registered Partner Model. By comparing the advantages and disadvantages of each model, the author has come to a conclusion that the combination of Factual Partner Model and Registered Partner Model would be regarded as the best model to regulate unmarried cohabitation in China. Secondly, provisions of unmarried cohabitation in the four countries we mentioned are compared, in aspect of entering conditions, legal consequences and ending courses of unmarried cohabitation.Chapter three is the last part. It mainly discusses how to build the legislative structure of regulations governing unmarried cohabitation in our country. Firstly, combining the reality in our country and the experiences of other countries, the author advises a model of regulation, which is fit to China. And the author points out we should follow the principle of legal regulations as follows: Free Will of Parties Principle, Discrimination Treatment Principle, Value Neutrality Principle and Protection of Woman and Child Principle. As to legal provisions,, the author assumes the comprehensive regulative structure, including entering conditions , legal consequences and ending courses of unmarried cohabitation.