The Construction Of The Legal System Of Non-marital Cohabitation In China

As China's rapid economic development and social change, from the end of the 20th century in our country appeared a lot of non-marital cohabitations. However, there was no legislation about non-marital cohabitation in our country. As a result, rights of non-marital cohabitants can hardly be guaranteed, and the resulting social disputes can not be effectively resolved. non-marital cohabitation has its inherent social reasons and will not reduce because of the evasive attitude of law.Under such circumstances of the public attitude to non-marital cohabitation being more tolerant, non-marital cohabitation legislation in our country it is very necessary, which is the standpoint of this article. By comparison and analysis, the Thesis try to look for the reason of non-marital cohabitation from its situation. After a comparative study of many contries' legislation and the overall analysis and evaluation of these legislation, the thesis demonstrates the necessity of the legal system construction and makes some legislative proposals.Apart from preface and conclusion, the article is divided into four parts.There are about 32,000 words.The first part is introduction to non-marital cohabitation. That part makes an analysis of the concept of non-marital cohabitation, and summarizes and analyzes the academic controversy over the concept, put forward the option that the concept of non-marital cohabitation can be based on the specific object of research and legislation to define. This part descript the elements of the non-marital cohabitation discussed by this article to explain the research object, and compared the concept of non-marital cohabitation with the "de facto marriage", " marriage attempt" and "illegal cohabitation". This part also makes an introduction of the " stage theory " of non-marital cohabitation to illustrate the close contact between the nature of non-marital cohabitation and its stage development.The second part is the development of non-marital cohabitation and its analysis. The part introduces the development of non-marital cohabitation in our country. Because there is no systematic survey in our contry, we can only know through the side.That part makes an analysis of reasons of the generalization of non-marital cohabitation. The part makes an evaluation to non-marital cohabitation. It lists the pros and cons of non-marital cohabitation, and the view that non-marital cohabitation as a lifestyle choice, surely the pros and cons of both. The third part is the comparative study of the legal system of non-marital cohabitation. The first piece of it introduces the history and current status of legislation about non-marital cohabitation in the United States, Britain and other countries.As a Federal and common law contry, the main form of the law in United States is state legislation and case law. Modern American legal recognizes and protects the gradual non-marital cohabitation, and most states recognize the validity of cohabitation contracts. Some states adopt the "meretricious relationships" and "domestic partnerships".Like the United States ,the United Kingdom has gone through a phase of ultra-conservative, however, the reform pace of modern Britain is not as quick as the United States. Currently, the protect of non-marital cohabitants in Britain is mainly scattered among other legislations, the protect of non-marital cohabitation parties is primarily through four channels : cohabitation contracts, express trusts, implied trusts and property estoppel.Before the law of PACS and concubinage enter the Civil Code , French law adopts implied attitude, having neither protection nor penalty. After the law of PACS and concubinage took into effect, the law of non-marital cohabitation has entered a new era in France.In Australia, after the New South Wales issued the De Facto Relationships Act, other states have enacted similar laws. The nation do not provide registration for Cohabitees, cohabitations can be set up when they are in line with certain conditions, their effect is different from marriage, but conditionally gives cohabitees the right of intestate succession.The legislation of non-marital cohabitation in Netherlands is going ahead, the Dutch Registered Partnership Act allows cohabiting couples to register and gives a similar effect like marriage.In Northern Europe, cohabitation is almost equivalent to marriage, which is called Nordic model.The second piece of it Provides a general analysis of non-marital cohabitation legal system. This part sums up and analysis the adjust models and specific content of cohabitation laws in conturies. There are two main adjust models :the way of contract adjust and the way of identity relationship adjust, the identity relationship adjust is divided into registered and non-registered, equivalent to marriage and non-equivalent to marriage, and then evaluated various models. As to the specific content, concluses the countries' specific provisions about the sets up,the terminates,the validit of the non-marital cohabitation,etc. The forth part is about the construction and considerition of our country's legal system. This section introduces the current legislation of our country, which has mainly taken an indifferent attitude, and the effect between the non-marital cohabitation parties is very limited. Then it demonstrates the necessity and feasibility of setting up the legal system of non-marital cohabitation in our country, the value of freedom, justice and order ,which comes from non-marital cohabitation laws, just illustrates that the opinion of refusing the legislation about non-marital cohabitation Attributed to violating of ethics. Finally ,this part gives some advice about the construction of legal system. It emphasizes the need for a systemic investigation about non-marital cohabitation,and learn from foreign experience.