The Legal Thinking Of Unmarried Cohabitation

With the constant development of economy, the change of the times, theinfluence of foreign culture, people’s awareness of freedom is increasing. And peoplehave different ideas about marriage. Love, birth, and marriage is separating day byday. Then, unmarried cohabitation is popular in China. Since1980th, unmarriedcohabitation is popular of all ages, especially young people. The unmarriedcohabitation not only challenged our traditional concept of marriage, but also broughtout a series of social problems and legal issues. As we all know, as long as theopposite sex living together, it will lead to the complex social relations and the socialcontradiction, Even though they have no baby, property problems, debt problems willalso occur. But now, our country on unmarried cohabitation law is only1989SupremePeople’s Court’s decisions regarding cohabitation. But it is not enough to deal with thedispute about personal relations and property relations of the unmarried cohabitation.The judges in deciding a case cannot be very clear guidelines, and it may not doenough to protect legitimate rights and interests of the parties. In order to make thejudges according to a good law, and protecting the legitimate rights and interests ofthe parties better, the unmarried cohabitation problems to make detailed regulationbrook no delay.The full text is divided into three parts: preface, text, conclusion. And the textincludes:The first part is brought out by a case of unmarried cohabitation disputes, theauthor analysis the case from the marriage law theory, and lead into unmarriedcohabitation problems.The second part focuses on the analysis of the basic theory of unmarriedcohabitation. First of all, the author summaries some of the current definition onnon-marital cohabitation, and then defy the unmarried cohabitation. Then discuss thebasic characteristics about it, and differ it with the relevant concept. Secondly, theauthor discuss the current law about unmarried cohabitation in China, as we as the attitude changing about it. Then discuss the shortcomings about the law in our country,paving the way for the paper.The third part focuses on the foreign non-marital cohabitation legislativediscourses. Through summary the common law and the civil law on non-maritalcohabitation of the provisions of the legislation, provide reference outside to perfectour legislation.The fourth part is about the unmarried cohabitation legislation in China. Theauthor mainly on two aspects to put forward the proposal: unmarried cohabitationbetween the parties of personal relationship and property relations legislation perfect.Put forward to ought to protect some of the personal relationship betweennon-marriage cohabitation parties, and the property relationship should be agreed inthe appropriate priority. Then draw lessons from the foreign regulations, strive for ourfuture legislation about unmarried cohabitation can protect the rights and interests ofthe parties better.