A Study On Unmarried Cohabitation Civil Law Regulation

As people’ idea opening up, social moral consensus environment is more flexible,diversified cultural awareness is more developing, unmarried cohabitation as a way of life,which has been tending to increase, so many countries begin to implement legal regulation. InChina, unmarried cohabitation is an objective reality of the social phenomenon. Personalrelationship, property relationship and the relationship between children and parents causedby unmarried cohabitation, which has led to many problems in the realistic society, such ascontradictions and disputes etc. In order to standardize and guide unmarried cohabitation, weshould establish special civil law system of unmarried cohabitation, which will realize the lawas a regulator of social relations.This paper argues that, as a new community life between the sexes, the existence ofunmarried cohabitation has the rationality and feasibility. Therefore, firstly based on theoverview of unmarried cohabitation, this study determines the meaning of unmarriedcohabitation, and summarizes the unmarried cohabitation constitutive requirements and thedifference of relevant concepts. And then this study analyzes the current status of unmarriedcohabitation in our country, explain the necessity and feasibility of regulation for creatinglegal system to regulate unmarried cohabitation. In order to form law theory of unmarriedcohabitation conforming to our country reality, protect the legitimate rights and interests ofthe weak, safeguard social fairness and justice, put forward regulation relevant proposals forthe civil law regulation of unmarried cohabitation, making civil law rules and regulations forunmarried cohabitation, carrying out value neutrality and protecting best interest principle forminor children’s, establishing the contract adjustment mode given priority and identityadjustment mode for supplementary legislation adjustment model, implementing civil lawrules and regulations for unmarried cohabitation from two aspects of personal relationship andproperty relationship, which will build a harmonious socialist society, promote and makea reference model for formulating relevant laws, the legal system of our country will befurther perfected.