On The Legislation Of China’s Non-marital Cohabitation

Non-marital cohabitation will be long-term co-existent accompanied withmarriage, before in the1990s, which has been prohibited by public opinion, moralaspect and legal non-marital rules, law only adjusted in a limited range of its legalconsequences arising. When in1990s, marriage and family relations in china hasundergone tremendous changes, non-marital cohabitation has trend to ascend, whichis widely accepted by the public. From an objective point of view of the historicaldevelopment to the real needing of society, the construction on the legal system ofnon-marital cohabitation is nessensery objectly. The construction of china’s legalsystem, not only the current law does not prohibit and punish non-maritalcohabitation, but also change repudiates and condemns evaluation on non-maritalcohabitation. However, on our laws, it is still taken an indifferent attitude tonon-marital cohabitation, compared with European and other developed countries thelegal system, china’s relevant laws and regulation is simple and superficial. How it isregulated non-marital cohabitation relationship on laws has become the subject cannot be avoided in our field of law. It is the needing to solve the increasingly serious social problems to constructand improve the legal system on china’s non-marital cohabitation. Firstly, the articleclarify the difference for non-married, cohabiting, non-marital cohabitation andrelated concepts to offer a clear definition for the study of non-marital cohabitation.Then analyzes the necessity of legislation on it, in the background on the existence ofa large number of non-marital cohabitation relationship with different types, it led tothe surge in domestic partner relationship both the personal and property disputes,lacking of an illegitimate child rights protection, cohabiting partner visitation,guardianship system in blank, the disadvantaged party interests protected unevenly,are becoming more common with serious circumvent the law and other phenomena.The establishment of non-marital cohabitation legal system is a need objectively forthe construction of a society governed by law,with harmony.It will play an important role in the construction of china’s legal system toresearch and learn from foreign non-marital habitat legal system. China’s non-maritalcohabitation legislation is still in infancy. In judicial practice, the judicialinterpretation has showed noticeable lag and limitations because of not resolving the various problems and disputes on the non-marital cohabitation.in the end, I putforward to a reference to the problem of legislative construction, learning thenon-marital cohabitation legal system from European representative countries, suchas Sweden and France, as well as introduce Japanese legal system related tonon-marital cohabitation.On non-marital cohabitation legal advice, the author analyzes the jurisprudencegenerally recognized such as principle of differential treatment, the protocol priorityprinciple, the principle of the legitimate rights and interests of the equal protectionand compensation cohabitants. In the process of the the specific regulation of thelegal system., the article does the design and analysis from the establishment ofnon-marital cohabitation relationship, personal and property relations relatedcohabitation parts as well as the protection of the legal rights and interests ofillegitimate, the dissolution and termination of the non-marital cohabitationrelationship.In the research, the article uses some methods such as documentary research, thecase law, comparative law, referent the writings of the famous scholar and excellent faculty and students. Visited relative representative of non-marital cohabitationgroups, and to investigate the case of the local court author lived on the non-maritalcohabitation. Want this study to be beneficial to the establishment of the legal systemon china’s non-marital cohabitation.