Research On The Legal System Of Non-marital Cohabitation

Unmarried cohabitation, as a kind of social phenomenon has since ancient times, butbecause of the ethical and moral restraint and long-term social inhibition and legal constraints.In the world, since the World War II presents the trend of grow with each passing day ofnon-marital cohabitation. In China, since the reform and opening up unmarried cohabitationalso is increasing and has become a widespread social phenomenon. However, the attendant isunmarried cohabitation caused many social problems can not be ignored. More importantly,our current relevant legal provisions were simple, there is no perfect theory and systemdesign.Based on the system of non-marital cohabitation of the legislative and judicial status ofresearch and analysis, the author found that China’s system of non-marital cohabitation in thelegislative and judicial exist some defects and weaknesses. For example: in the aspect oflegislation, China’s non-marital cohabitation lawmaking attitude is still unclear, even from theaspect of legislative technology intended to avoid. In judicial aspects, non-maritalcohabitation cases existed obvious " some sentenced" phenomenon and the vulnerable groupsof judicial remedy, become the social unstable factors. For these problems, how do we in thesystem design the effective protection of the legitimate rights and interests, maintain thesocial stability? The author in this paper puts forward suggestions.Based on the construction of the legal system of non-marital cohabitation and existinglegal norms perfect spread out discuss, in the process of writing a comprehensive use ofcomparative analysis method, analogy method and empirical analysis method, according tothe introduction to basic knowledge, ask questions, analyze problems, to solve the problem ofoverall frame structure arrangement. The first chapter of the concept of non-maritalcohabitation, legal nature and related conceptions are introduced, and analysis of Chinese andforeign non-marital cohabitation status and causes, the purpose is to make a thorough analysisand understanding of non-marital cohabitation and on the legal regulation of dozen of goodfoundation, at the same time, discussed our country to cohabitation legal regulation necessity and legal recognition of unmarried cohabitation theory. In non-marital cohabitation legalregulation, some foreign countries advanced experience gave us many beneficialenlightenment to our country, the legislative system and legislative idea renewal has importantsignificance. Therefore, the second chapter mainly by using comparative research method,based on the functionality, the representative countries of cohabitation legal system areexpounded, carding and comparative analysis. Mainly includes the continental law systemand Anglo-American law system of non-marital cohabitation and on legislation of foreignsystem of non-marital cohabitation comparative analysis and prospect. In the draw and absorbforeign system of non-marital cohabitation in the legislative and judicial aspects of thebeneficial basis, the third chapter of the unmarried cohabitation in China ’s legislative andjudicial status are introduced and analyzed, mainly including the unmarried cohabitation inChina legislative review, the analysis of present situation and the existing legal system ofnon-marital cohabitation related problems. This chapter focuses on the Gazette of theSupreme People’s court case analysis based on non-marital cohabitation legal status andjudicial relief and hysteresis loss. In this chapter the author analysis, intended to illustrate: inChina’s current legal system, due to the lack of legal regulation, resulting in the judicialpractice, on non-marital cohabitation parties judicial remedies exist obvious lag and lack of.Therefore, the law should provide enough resources to control, in order to solve the legaldilemma of non-marital cohabitation. The last chapter is this article key point, discusses theChina’s legal system of non-marital cohabitation construction. A total of three section. Thefirst section of the summary of foreign legislation on the basis of experience combined withthe actual situation in China, pointed out that China’s non-marital cohabitation of legislativeregulation of the overall train of thought, including legislation guiding ideology, legislationmodel choice and legislative concept update. This paper pointed out that the unmarriedcohabitation in China legislation guiding ideology and philosophy, should follow the valueneutrality principle and difference, difference and marriage adjustment principle, on the basisof this should choose different from marriage registration system and the fact that the partnersystem combining the special legislative model. The second section mainly from thecohabitation relationship established, the relationship of regulation and the relationship between parents and children are discussed. The third section mainly focus on non-maritalcohabitation of lifting, lifting from the principles and consequences of the two aspects ofChina’s construction of the system of non-marital cohabitation.Based on the system of non-marital cohabitation is discussed, the author thinks, fornon-marital cohabitation increasing development trend, the law to pay no heed does not affectthe existence and development, the legislature should focus on non-marital cohabitation as asocial phenomenon, and their integration into the Chinese family law category, thereby betterprotecting the parties especially among them the rights of vulnerable groups. At the same time,cohabitation legal regulation to further improve the socialist legal system, the building alsohas a certain role.