On Legal Study About 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. However, being influenced by the traditional moral concept, the influence of marriage value orientation, it has no system of legislation to regulate proven of the unmarried cohabitation in our country, but to take an evasive attitude .However, the phenomenon of unmarried cohabitation will not reduce because of law away, will make the issues about unmarried cohabitation cannot be effective and reasonable solution only. Therefore, from the perspective of constructing harmonious society, our country should also establish legal system of unmarried cohabitants to balance the interest of the parties and protect rights. As a result, the article brings forward the legislation suggestions about unmarried cohabitation.But for the introduction and conclusion, the thesis is divided into four chapters.Chapter one: The summarization of unmarried cohabitation. First, this part analyzing the origin and development of unmarried cohabitation; Secondly, after analyzing the concepts of unmarried cohabitation defined by numerous scholars, the author defines the concept according to the actual condition in our country as follows:be full of civil capacity of both sexes, based on both sides agree, and fails to perform legal marriage registration formalities with the circumstances of the common life established for the purpose of life mode, and it does not ask whether both sides have married intend; And on the basis of the concept of unmarried cohabitation, classifying the unmarried cohabitation according to different standards and explaining their differences; In the end, the thesis analyzing the difference about the unmarried cohabitation and "a spouse but co-habits with another person", fact marriage and adultery related concepts. Chapter two:The social basis and theoretical basis of legal regulation about unmarried cohabitation in our country. The first analysis is the social basis of legal regulation about unmarried cohabitation in our country, this part discussing to the reasons of this phenomenon about the unmarried cohabitation, and analyzing the social problems caused by unmarried cohabitation. Finally, this paper expounds the theoretical basis of legal regulation about unmarried cohabitation in our country.Chapter three: The legal status of unmarried cohabitation in our country. This part of the article expounds the legal evolution of unmarried cohabitation; and on the basis of analyzing the legal status of unmarried cohabitation, and pointing out the deficiency about them.Chapter four: The idea of legal regulation of unmarried cohabitation in our country. First, the legislation for the unmarried cohabitation, put forward four legislative principles assumption that distinguish treat principles, value neutrality principles, the freedom of contract principles and protection and compensation principle. Then, on the basis of foreign lawmaking experiences, combined with the actual situation in our country, and comprehensive academics on legal regulation suggestions of "the unmarried cohabitation", and putting forward the legal regulating conception of the unmarried cohabitation.