The Legislation Thinking Of Chinese Unmarried Cohabitation

With the development of the society, the phenomenon of unmarried cohabitation spread more rapidly in today's world, and it became a kind of family pattern and it is also becoming a challenge to traditional marriage. The complexity of this problem is increasing to provoke greater social concern, and law countermeasures about the problem are adopted to norm this phenomenon and stabilize social order in western country. In China, there are only a few regulations about the phenomenon of unmarried cohabitation in marriage law, and it can not satisfy the needs of this phenomenon. However, unmarried cohabitation became a new pattern of life, there is no affective system to control this phenomenon, so the law has to react with a response about it. This paper mainly probes how to structure the law about unmarried cohabitation which adapts Chinese situation and protects common benefit as well as benefit of unmarried cohabitation by studying the relevance law of aboard.The paper consists of six chapters.Chapter one is preface. Nowadays, there is no law about unmarried cohabitation in our country because of the cohabitation freedom. But it doesn't mean there is no fact of this phenomenon or the law relationship and dispute from it. Unmarried cohabitation is an outstanding social phenomenon. As the number which is about unmarried cohabitation increases gradually, it brings many social problems, and sociologist and legal boundary pay more attention to the phenomenon. The enlightenments and explanations of reforming western countries'cohabitation system reduce the negative valuation of unmarried cohabitation, and it encourages our legal field to study unmarried cohabitation further than before. This paper mainly analyses unmarried cohabitation system through comparison and demonstration.Chapter two summarizes the basic theory of unmarried cohabitation. In the first part, this paper introduces the definition of different kinds of unmarried cohabitation cases between foreign countries and China. At last, this paper gives a new definition of unmarried cohabitation and analyzes its characters. In the second part, this paper discuss simply between unmarried cohabitation and related concepts. In the third part, it is about the legal position of unmarried cohabitation.Chapter three states the unmarried cohabitation legislation system in foreign countries. The main idea of this chapter is about nowadays legislation situation in foreign countries, and it introduces the different legal policies the between foreign countries and continent countries. Chapter four is about the nowadays situation of unmarried cohabitation, and the situation divides into social situation and legal situation. Social situation contains the data of cohabitation, the reasons for unmarried cohabitation, the problems leaded from unmarried cohabitation; legal situation introduces the legislation situation in our country, and then analyses the shortcoming of the Chinese legislation briefly.Chapter five states the legislative plan about unmarried cohabitation of our country. It establishes three main legislative ideas to differ the marriage unregister and marriage contract. At last it puts forward legislation suggestions about establishing a law of unmarried cohabitation which is based on the realities and situations of our country.Chapter six is the conclusion. With the development of the society, the number of the unmarried cohabitation is gradually increasing, and it may even make up a group. Our society and law field pay more attention to universalize of the unmarried cohabitation. Our country should proceed from reality, treat unmarried cohabitation reasonable and intervene and standardize the negative effect from the unmarried cohabitation.