Research On Problems Of Marital Cohabitation

Marital cohabitation means that the couples live together as spouses based on legal marital relationship. Nowadays many national legislative and theoretical researches pay much attention to it. Studies on this issue of our Civil Law theory circle are little. In our actual life, the acts of infringing marital cohabitation relationship between husband and wife often happen, It makes the issue of the victims in the helpless condition. To enable the legitimate rights of couples be full legal protection, we need to promote China's marital cohabitation legislation to be perfect.In addition to the preface and the conclusion in this paper, there are three chapters.In the first chapter, I made the definition of marital cohabitation. I examined the concept of marital cohabitation from the two aspects of etymology and legal meaning. Followed, I commented legislative and judicial status quo of the issue of marital cohabitation in china. At last, I introduced the research results of the issue of marital cohabitation on the country's legal circles, and put forward my own views. As one of the rights of vital importance to marriage, marital cohabitation rights should not only be in the protection stage to natural rights, but rises to the level of legal rights. The marital cohabitation rights have the following characteristics: the rights and obligations being together, the dual attributes of the absolution and relativities, the dual attributes of the controlling and requesting rights, the non-compulsory executing and so on.In the second chapter, I inspected marital cohabitation legislations in the other countries and regions. We can see that most countries in the world and China's Hong Kong, Macao and Taiwan regions made the related provisions of marital cohabitation issues. For example, In Germany, the law gives the spouse the right of defending the right of marital cohabitation, While in France, the right of shelter deciding and the right of marital cohabitation were provided together. British law also made the provisions of the rights and obligations of marital cohabitation and judicial separation, and the United States of family law declares that the core of the equal protection of the Constitution applied to both spouses. Marital cohabitation obligations in China's Hong Kong region was provided so detailed, shows Hong Kong's moral habits and legislation attitudes to the right of marital cohabitation. Macau law is civil law, and the issue of marital cohabitation is very similar with the French legislation. Taiwan stressed that the obligation of marital cohabitation is held by the husband and wife, and made the provisions in the form of exceptions.In the third chapter, I give the legislations proposition of China's marital cohabitation system. The interpretation of marital cohabitation basic provisions for the legal system is: couples together enjoy the rights and undertake the obligations of cohabitation life except for whose cohabitation life can not be justified. the content of marital cohabitation rights and obligations has three aspects: one is the right of requiring the spouse to live together, second is the right of requiring the spouse for sexual love, third is the right of requiring the spouse to help with the physical care and to give mind understanding, respecting and consolation. For the relief of the marital cohabitation rights, when one unjustified failure to perform marital cohabitation obligations, the other one holding the rights may (1) regarding this as a reason of applying for divorce; (2) waiving or partially waive life supporting obligations for his/her spouse; (3) requesting the one violating his obligations appropriate compensation for spirit damages; (4) adopting the ways of admonishment, detention and compensation to urging him to perform his obligation. For the abuse of the marital cohabitation rights, I believed that it is not appropriate to penalize the crime of rape.