Jurisprudential Thinking On The Phenomenon Of "Trial Marriage"

With a series of trial marriage population increase resulting legal problems gradually enters people’s field, and attracted wide attention. The current legislation of our country take on the issue is neither encourages nor against a neutral attitude, Problems to be aimed at the "trial marriage" phenomenon has no law specifically regulated, it may apply only in scattered provisions. The author believes that the "trial marriage" phenomenon has certain rationality, but if the law is not systematic regulation can not completely solve the related problems, the legitimate rights and interests of vulnerable groups can not be protected effectively.Therefore, the research method of this paper will mainly use the analysis of academic theory and practical problems of combining, apply to solving the legal problem appeared in the "trial marriage", to put forward the legal suggestions.The author attempts in the current academic evolution, the research methods of the past analysis paradigm and combs, will be on the subtle combination of global analysis method research. Combined with the current research results of scholars at home and abroad, put forward new thinking, Indeed it is difficult to cover for one, but related to the contents of this paper are the academic achievements are cited in the discourse analysis in the concrete.This paper takes the "trial marriage" of this social phenomenon is the protection of the law should be and how to protect as the main line, the collection of domestic and international current legal provisions on the phenomenon and theoretical point of view, aiming at the problems of increasing change and update, the recommendations put forward their own rationality and feasibility studies, mainly launches the analysis from the following points: First, the relationship of both personal parties on "trial marriage" period. Based on the Constitution and the law, the right of name and the right of personal liberty and other general rights is unconditional protection; at the same time, the two sides should undertake the duty of loyalty of cohabitation and some enjoy certain chores agency during cohabitation relationship continuity;but the unique legal marriage based on the relationship between the rights and obligations between spouses, for " trial marriage " cohabitation the parties without the need for specific legal regulation, such as the rights and obligations of family planning.Second, the property relations between the parties during "trial marriage". Respectively from the distribution of property, debts, inheritance of these three aspects. The author suggests, in the property assignment problem, in the implementation of the agreed property system is applied under the premise of the first, the implementation of property system and the labor income of property system of combining the legal property system; in debt, except there is evidence for a "marriage" cohabitation life together or to take care of the other party and member of the family has a negative debt is the common debts, the rest of the identified as personal debt; in succession, the parties have no right to double anti statutory succession of course, but when a certain condition is satisfied, can give one party to the other party to heritage legally acquired rights; the damage compensation issues,one is violence and abuse, in cohabitation continued or proposed in the cohabitation between damage to another party compensation.Third, the problem of raising children "trial marriage" during the parties, the author emphasized to further clarify the "children standard", establish "the principle of best interests of children ", called for the elimination of illegitimate children, the social discrimination, to provide legal protection for the more complete, security of children born during cohabitation in law enjoy status and complete equality with the children born in marriages.Finally, the problem of whether the "trail marriage" between the parties shall be liable for the obligation of supporting, the author thinks, no need to take on the other side of the support obligation under normal circumstances both dissolve cohabitation relationship, but the justice spirit of the legislation is considered, under certain conditions, a party shall, to the other party to assume certain support obligations,and the judge handling the cases should be fully taken into account the specific circumstances to determine maintenance costs.The above views are combined with the practical problems in this paper, and give the theoretical analysis and the feasibility of the full description.