Facto Marriage Legal Effect Study

Marital relationship is the most important relationship in the human society,whether in the ancient or the modern times, the satbility of marital relationship has great impact on the whole society. After entering the modern civilized society, marital relationship is heavily dependent on the marriage legal system in the society. Proper legal norms can bring positive effect to the marital relationship, also onduce to the social harmony. Otherwise, it would lead to instability to the whole society, such as criminal offences or other kings of violence.Therefore, each society all put emphasis on monitering the marital relationship, in order to creat a peaceful and stable society. However, it is known that marital relationship has two aspects, one is the natural aspect, the other is the social aspect. Futhermore, the history of marital relationship is longer than the legal norms. Based on this, we can't ignore the influence of ritual customs. Otherwise,effects of the legal normson its regulation of marriage relationships surely would not reach our expectations.This paper was based on this understanding, beginning with exploration of China's current marriage law, analyzes a typical case and observes the present marriage law regulating the defacto marriage, points out its shortcomings, namely the current laws regulating the defacto marriage is too rigid, lawmakers should consider the reality,and social customs, and make a balanced choice raher than reject completely this relationship in law., The author explores foreign related rules, and analyzes the conditions of setting up a new rule to conditionally recognize de facto marriage, puts forward suggestions of the establishment of the legislation in the future legislation.The first part of this paper is to introduce a typical case and related cases.The second part mainly means to describe the identification and the feature of the marital marriage, based on these conclusions we can identify what relatonship can be marital marriage. Besides ,we not only put much concern on the regulations obout chinese marital marriage but also on theses in other countries, in order to get full understangding of the changes about the regulations in our contry's history and the differences betweeen chinese and other countries and religions.The fourth part is to introduce the different opinions about the typical case and the solution made by the writer.