To Construct A Legal System Of Unmarried Cohabitation In Our Country

Since time immemorial, marriage is a statutory basis. the family is kinship groups which is composed of the marriage and the blood relationship. Traditional marriage and family are considered national security and social stability. Attention by the social and legal protection, and non-marriage is living under the secular society, condemning and laws prohibit. In the1960s, the marriage in the global developed with the rapid growth, because of the difference in the culture, law and morality, this stage of our non-marriage is relatively small. However, since the1990s china’s economic and social development, non-marriage in our country increased rapidly, disputes living among the parties, such as personal rights and obligations, children, inheritance problem, but it does not belong to the law, and the conflict cannot be solution, an increase of an unstable society, greatly hindered the social harmony and development. Based on the non-marriage cohabitation meaning of the definition and some countries of non-marriage cohabitation in the legal regulation, this article attempts to establishment of a non-marriage legal system to provide some useful reference. This article mainly divides into four parts:The first part introduced domestic and foreign definition which, with similar concept discrimination lives together to the non-marriage, subsequently obtains conforms to our country national condition concept. The legal concept is the legal thought base element, in the legal history of civilization, the legal concept system’s scientific nature and the complete degree is one of legal civilization developed degree important symbols. Therefore, the article the first concept indication which lives together to the non-marriage carries on the analysis, in synthesizes each analysis result in the foundation to live together to the non-marriage to make limits, to then live together to the non-marriage the legal rules and regulations research to lay the foundation.The second part introduced our country legal rules and regulations which and insufficiency lives together to the non-marriage. Through analyzes the non-marriage to live together in our country’s legislative evolution, may know that our country still did not have adjusts the non-marriage living together relations specially the law, lives together the legal matter which to the non-marriage involves is mainly through judicial interpretation processing.In the related judicial interpretation overall stratification plane uses take the damage control as the center of gravity thought that how emphatically relates on the de-facto marriage relations and illegal cohabitation to differentiate, the illegal cohabitation consequence to make the stipulation, but reality Central Africa marries the person who, the property question lives together to bring to be complicated and diversified, the very few several provision of law basic inextricability, its insufficiency is obvious, this also even more highlighted has lived together to the non-marriage to carry on the legislative rules and regulations the feasibility and the necessity.The third part mainly lives together from the Western country to the non-marriage to legislate aspects and so on pattern and concrete legal rules and regulations carries on the inspection and uses for reference. This part not solely uses the nationality system to the legislative pattern’s comparative analysis, but summarizes showing off from various countries’ legislation pattern with and the diversity, can direct-viewing see each kind of legislative pattern the fit and unfit quality; Then this part the legal effect which lived together to the non-marriage has carried on the comparative analysis, related, the property relations including the person, relations between the non-marriage housemate and children’s, the non-marriage living together relations’ termination and so on, provided the basis for the following legislative pattern’s choice and actual content’s formulation.The fourth part is our country non-marriage lives together legal regime’s design. This part utilized the comparative analysis method to live together the legal concept constitution to various countries at the non-marriage, legislative pattern choice as well as actual content aspects and so on formulation has made the detailed elaboration. Our country the legal rule which lives together about the non-marriage still had many flaws, needed in the analysis various countries related stipulation foundation, to find can profit from place of the absorption for our country.