Legal Consideration Of The Phenomenon Of Non-marital Cohabitation

Non-marital cohabitation has been accepted and practiced by more and more people of our society. It has developed from a kind of individual behavior to a common social phenomenon. With the rapid expansion of this phenomenon, the contradictions and disputes related to the phenomenon are gradually increasing simultaneously. Conversely, there is no conception of non-marital cohabitation in china's current legal system and the clauses with regard to this kind of behaviors lag behind, and this situation brings about clues in judgment and settlement of non-marital cohabitation problems, even leads to the situation of "same cases deserve different judgments" seriously. Based on author's specialty, the author tries to analyze from the legal angle and summarize the reasons and resolutions of non-marital cohabitation phenomenon, and contribute to improve the socialist legal practice.Apart from the introduction and conclusion, the paper mainly discusses this problem through four parts.The first part is the analysis of conception of non-marital cohabitation. The conception of non-marital cohabitation should be cleared for the different cognitions in academia. Firstly, this paper declares the mainly four concepts of non-marital cohabitation and summarizes the consensus and disputes of this view. And then give author's opinion that non-marital cohabitation is a kind of cohabitation form of two adult man and woman who voluntarily live together without marriage registration.The second part is the current situation of non-marital cohabitation. This part mainly discusses separately from three aspects:the increasing number of non-marital cohabitation phenomenon, the variety disputes triggered by non-marital cohabitation and the serious problem of "same cases deserve different judgments". The first problem contains the increasing number of young people non-marital cohabitation and old people non-marital cohabitation. The second problem manifests on the rising number and the variety types of disputes caused by non-marital cohabitation. The third problem demonstrates on some different judgments which had the same cause of action.The third part analyzes the reasons of non-marital cohabitation phenomenon. This part mainly contains four reasons:the diversify of people's opinions on love and marriage, the lagging legal regulations, the conflict between reality and marriage system and the motivation of evading obligations of Marriage Law. The first reason includes the effect of opinion of advanced sexual freedom and traditional opinion of ceremony marriage. The second reason demonstrates on the lack of the concept of non-marital cohabitation and non-comprehensive judicial interpretation. The third reason shows the conflict between reality and marriage system. The forth reason manifests that young people evade obligations of Marriage Law and old people evade the inherited duties of Marriage Law two aspects.The fourth part is about the suggestions on dealing with non-marital cohabitation. At first, the author determines the legal form and the guiding principles of the legal regulation of the non-marital cohabitation, and establishes the specific provisions of non-marital cohabitation Secondly, the author clears the coordination of relevant laws and regulations about some legal issues of non-marital cohabitation. Besides, it is also essential for inhibiting non-marital cohabitation effectively by the way of strengthening the unity of right and obligation on people's opinion of love and marriage and improving the assistance function for the old in Social Security Law.