Research On Litigations In Relation To Foreign Related Non-marital Co-habitation

With the development of China’s open policy and international trading, as well as theglobalization of world economy and culture, non-marital co-habitation has become anunavoidable social phenomenon, either in China or the whole world. Under suchcircumstances, how to treat the non-marital co-habitation, especially the accuraterecognition and disposition of the disputes arising out of foreign related non-martialco-habitation, is a realistic problem that shall be resolved by Chinese legal circle both intheory and judicial practice.In this Article, the writer has first researched and analyzed the current status offoreign related non-marital co-habitation in China in general, and discussed its innercharacteristics, to disclose the generality of foreign related non-marital co-habitation inChina and the urgency of current status; after this, the writer has summarized the historicaland current statutes and regulations on non-marital co-habitation, and get the answer thatChina do not have any concrete legislation；based on the above study, the writer hasdiscussed the foreigner’s litigation position in foreign relation non-marital cohabitationlitigations in China, the jurisdiction of China’s court over such cases, and the applicationof law in such cases one by one from the point of judicial practice according to the rulesdealing with normal civil cases, to provide answers for the jurisdiction and application lawin the event of various litigations; finally, the writer has provided preliminary andprincipal proposals from the aspect of both substantive law and procedural law about howto construct the legal systems regarding non-marital co-habitation in China in the future,by learning the study of some Chinese legal scholars.