On The Legal Regulation Of Non - Marital Cohabitation In China

In recent years, with the development of social economy,politics and culture, unmarried cohabitation has developed into a kind of common social phenomenon.No matter in the international metropolis and poor remote mountain village, unmarried cohabitation is showing a rising trend year by year.This life of unmarried cohabitation has led to a series of social problems,such as division of property, raising children, and identification.There is no specific law in our country to specification and adjustment of such problems,the related judicial interpretation is also very few.From the point of the actual situation,because the unmarried cohabitation has economy maintained, emotional attachment, and other functions,has become one of the family form.laws should take the initiative to intervene.in order to maintain the lawful rights and interests of the parties.By using the empirical analysis, case analysis and comparative analysis methods,from the perspective of real life,analysis of the causes of the formation of unmarried cohabitation and the present situation of the development;through a lot of visiting survey, discussed the social harm caused by unmarried cohabitation;starting from the social reality of our country, draw lessons from some advanced experience abroad,put forward the necessity of unmarried cohabitation law regulation;on the basis of the respect party of unmarried cohabitation,according to our country’s scholars on the study and discussion of unmarried cohabitation,in the perspective of two aspects of legal intervention and personal freedom, presents some ideas of legal regulation to innovative unmarried cohabitation in our country.Legal regulation of unmarried cohabitation, does not meaning to break down the marriage and family of this pattern,traditional family pattern is still the mainstream of today’s life.The legal regulating of the unmarried cohabitation is in order to solve the relationship between the parties of the division of property, damage compensation which is at the end of the dispute,also in order to create better conditions for children growth.Our country should intervene legislative, judicial,and saw enforcement parts,scope of state intervention time sooner or later, big or small, for the influence of the parties is different.Article aims to the authority of law, to find a balance between with individual liberty, family firm and social stability,to protect the lawful rights and interests of the parties.