On The De Facto Marriage

De facto marriage has always been my long-term challenges facing the judiciary, from the first "Marriage" on this issue started on the lack of a clear answer. Although the new "marriage" and the December 24, 2001, adopted by the Supreme People's Court on the application of "Marriage Law of the PRC," the interpretation of a number of issues on the provisions of de facto marriage than in the past have been greatly improved, but there is a legislative ambiguous, the concept of De facto marriage as defined in narrow, light weight form the substance of issues. In this paper, the concept of de facto marriage, characteristics, causes and the existence of de facto marriage of Chinese and foreign law the relevant provisions of the evolution of the situation briefly and reflect on the institution of marriage in our country on the basis of the facts put forward their opinion. The full text of about 30,000 words, with the exception of the Introduction and Conclusion, the divided into three parts.Chapter I: basic theory of de facto marriage. This chapter introduces the concept of de facto marriage and characteristics, to distinguish between a de facto marriage and invalid marriage, the marriage may revoke, as well as the distinction between illegal cohabitation, on the fact that the existence of marital status in our country and the main reason for the existence of the development.Chapter II: the comparative study of De facto marriage. This chapter describes the France, Germany, Japan, the United Kingdom, the United States, as well as the Australian legislation relating to de facto marriage, with a view from different countries of the de facto marriage to seek to improve the legislation of our country benefit from the fact that the institution of marriage.Chapter III: The perfect marriage of our facts. This part of the first Legislative Council of China's liberation and the liberation of the provisions of de facto marriage are analyzed, particularly after the liberation of the relevant facts on China's marriage legislation changes in attitude are discussed. Then pointed out that the current lack of legislation, de facto marriage, less than reflected in three major areas: (1) "to re-submit the registration" system deficiencies; (2) the concept of de facto marriage and that the imperfect conditions; (3) the effectiveness of the provisions of de facto marriage inadequate. And then discusses the effect of our recognition of the need to de facto marriage. Focus on the impact of traditional Chinese culture, the demonstration effect of foreign legislation, "Marriage" of the private law on the three aspects. Finally, the facts of the legislative proposals of marriage, as well as the fact that the effectiveness of the idea of marriage.