Research In Marriage

The history of the development of marriage system is a process that marriage system and reality adapt each other, There are always a gap between the function of system in reality and ideal, which just produce a de facto marriage, so it can be perceived that just itself of the marriage system bring about the existence of a de facto marriage. A de facto marriage have one's roots among the folk custom, which meet the substantive factors of the being of marriage and have the core of a marriage. So it is different from a illicit cohabitation, a unmarried cohabitation, a cohabitation that the married man and woman live illicitly as husband and wife, a bigamy and so on similar concept.A large number of de facto marriage widely exist all along for a long history, which has its inevitable cause ,both deep historical roots and economic and cultural influence, both objective social factors and subjective cause of the person concerned. In addition that causes are different between a city and a countryside. The being of a de facto marriage is concerned with legislation.In china, the legislation about this question roughly have gone through four stages, from admitting a de facto marriage to conditional admitting, to absolute nonrecognition, to relative nonrecognition again. And this process doesn't end .All in all, national attitude of the legislation is in a contradiction, which has evaded this embarrassing question, which reflect that finding the way of settling a problem of a de facto marriage is difficult.A de facto marriage also exist in foreign countries, which is more serious than China. But they don't evaded this question no matter how differently the legislation provides the form of marriage. From 1970s ,many countries started to specify the de facto marriage, and make the two parties of cohabitation to enjoy civil rights and bear legal liability. It can be said that compromising with a de facto marriage is a legislative trend of the time , which will continue to develop. So there is much experience to let China study in foreign countries.From all sides, it is necessary that admit a de facto marriage and protect the rights of litigant , no matter which can be seen from the realities of China, the foreignlegislative experience, respect for the tradition, the nature of private law of the marriage law or selection of value of the marriage law.So this thesis comes back to China's marriage system in reality at last, starting from criticizing the legislative in real life, it reveals all kinds of defect of the legislative that is appraised for "advanced", puts forward that China should recognize a de facto marriage on the base of marriage registration and protects it differentially from registered marriage . In the end, the thesis put forward a systematic legislative proposal from all sides of a de facto marriage on the base that draws lessons from foreign legislative experiences <>Except of introduction and epilog, This thesis is divided into five parties, which is expounded following up a train of thought that what is a de facto marriage, how are its background and the status, why the de facto can appear and exist, how is the history of China's legislation on it , how to regulate it in foreign countries, Does China need recognize it, what defects has the present legislation and how to improve it.