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The Construction On The Protection Of The Weak Of Unmarried Cohabitation In China

Posted on:2012-07-22Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhangFull Text:PDF
GTID:2216330338969282Subject:Law
Abstract/Summary:PDF Full Text Request
After the reforms, particularly since the 90s of the 20th century, as China's economic and social development, the advancement of urbanization and the prevalence of liberalism, traditionally moral, economic, legal marriage of the detention complex social context in which The following become increasingly vulnerable. To freedom and equality as the core of the unmarried cohabitation increased significantly, our traditional concept of marriage and family is facing unprecedented challenges. However, the unmarried cohabitation in China's legal system is far behind the development of social reality, the current Marriage Law and the relevant judicial interpretation of tunmarried cohabitation and its legal protection of rare. In the absence of cohabitation under the relevant legal provisions, the court's non-marital cohabitants can only appeal on grounds not specified by law shall not be accepted. This there is no distinction between the cohabitation disputes arising out of a series outside the scope of legal regulation, not only can not reduce unmarried cohabitation, not conducive to the protection of unmarried cohabitation in the rights of the weak, but not conducive to social harmony and stability.Apart from abstracts and conclusion, the full text is divided into four parts.ChapterⅠ:An overview of unmarried cohabitation and unmarried cohabitation in the definition of weak, the section first describes the concept of unmarried cohabitation, followed in a similar distinction between the concept of unmarried cohabitation is proposed on the basis of the constituent elements of unmarried cohabitation, finally proposed this unmarried cohabitation in the range of the weak.ChapterⅡ:The social status of unmarried cohabitation and the legal system in china, this part first points out the status of unmarried cohabitation, and analysis of the reason for the existence of unmarried cohabitation, and finally elaborated on China on the legal system of unmarried cohabitation.ChapterⅢ:The foreign unmarried cohabitation and unmarried cohabitation in the system of protection of the weak, the part introduces the major developed countries abroad, such as the United States, France and the United Kingdom legal system of unmarried cohabitation and the cohabitation of these countries on the practice of protecting the weak.ChapterⅣ:The system of unmarried cohabitation legislative proposals, this part first for the system of unmarried cohabitation legislative proposals, and then different groups according to their different situations related to design protection measures, and strive to a greater extent, more targeted protection in each category of the weak non-marital cohabitation.
Keywords/Search Tags:Unmarried cohabitation, Protection of the weak, Similar marriage
PDF Full Text Request
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