Unmarried Cohabitation Law Studies

With the development of the society, the acceleration of population movement,and the change of ideological, non-marital cohabitation has become a more and morepopular social phenomenon, which bring a series of legal problem with it. Somewestern country faced this problem earlier than our country. And many counties hadalready established its system of legislation to regular non-marital cohabitation, andto stabilize social order, and also to protect the rights of non-marital cohabitationcouples. In recent years, the phenomenon of non-marital cohabitation in China hasbecome an unavoidable fact. Unfortunately, the law of our country did not take anyaction to this phenomenon, but take an evasive attitude instead. But the socialproblems brought by non-marital cohabitation will not disappear because of the legalavoidance. And due to the lack of legal regulations, many disputes have not gotreasonable and efficient solution. From the perspective of stabilizing the social orderand constructing a harmonious society, China’s non-marital cohabitation legalsystem should be established as soon as possible. Therefore, the article bringsforward the legislation suggestions on non-marital cohabitation for our country.Besides introduction and conclusion, the thesis is divided into four chapters.Chapter one：The summarization of non-marital cohabitation. In this part, thedefinition and characteristics of non-marital cohabitation are introduced, and definethe conception of non-marital cohabitation as follows: it’s a kind of mode of lifewhich both Party involved should be non-marital and have full capacity, and reachthe consensus on the purpose of making a life with each other, and actually livetogether. This thesis also analyzes the difference among non-marital cohabitationand de facto marriage and illegal cohabitation.Chapter two：The social status of non-marital cohabitation. This part describesthe cohabiting status nowadays of the group of students, white-collar workers, theelderly, and homosexuals, and describes the situation of people from remote areas ofthe country who completely doesn’t have the conception of marriage registrationbecause of legal consciousness, and also analysis the causes of the phenomenon ofnon-marital cohabitation.Chapter three：Foreign States on legal system of non-marital cohabitation. Thispart describes the development of non-marital cohabitation legal system of the United States and the United Kingdom, and other countries as well, with the hope ofproviding references for China’s non-marital cohabitation legal system construction.Chapter four： the construction of China’s legal system of non-maritalcohabitation. The part describes China’s legislative evolution since1949and thecurrent legislation on non-marital cohabitation. And this part also answers thefollowing four questions: should non-marital cohabitation be legislated? And if itshould be legislated, it should be legislated in which kind of mode? What principlesshould be followed? What specific content should be get-set in the legal system ofnon-marital cohabitation?...