The Analysis Of Property Dispute Of Extramarital Cohabitation

"Monogamous system is for thousands of years of social evolution, natural selection, to family and the social system is solid, moral ideas and values of the orientation, have a major effect. However, outside the marriage of the phenomenon of cohabitation pop, either from the point of view of economic, social and cultural point of view, or the point of view of law, have caused a series of negative effects. But, as our country’s law to outside marriage did not take effective cohabitation between the system standard, on one hand, it is the result of the reform and open policy, economic development brought about by the culture shock and complex social background; On the other hand derives from China to the law of the phenomenon of theoretical research, and laws and regulations are not thickness and systematic; Furthermore, our country law for this phenomenon to avoid too, would lead to the phenomenon of social contradictions conflict with increasingly significant of the harmony of society and the stability of family created a lot of shock. Therefore, it is necessary for us to the effects of the problem to study discussion, and set up a corresponding legal system.This paper consists of three parts. The first part, is about to outside marriage and cohabitation the description of the phenomenon of the concept of living together outside marriage defined extension connotation, analyzes the phenomenon caused serious consequences and abstracts of the concept of living together outside marriage essential characteristics and clear it and other similar social phenomena of the difference between, for we are living together outside marriage relationship property disputes on the research to lay the foundation. The second part, is to the outside marriage cohabitation agreement, outside marriage property such as gift flow problem and outside marriage relations in the compensation and compensation cohabitation, problems in theory and system analysis, analysis to our country at present "public order good morals" principle and "nature’s debt" theory as a regulation together outside marriage property dispute theory foundation and the defects of existing regulation outside marriage and cohabitation property dissension system analysis and discarded. The third part, is in reference to the existing theory and system based on the research of the establishment of the present situation of the society of our country to solve cohabitation between outside marriage legal system design and theoretical basis, as well as to the judicial practice in China in the specific problems are discussed, in order to make this phenomenon from theory to practice can get reasonable regulation and promote harmonious society progress.