Research On The Legal Regulation Of Unmarried Cohabitation

With the development of social economy and individual subjective consciousness enhancement,family life pattern appeared diversified development,unmarried cohabitation as a life style which is representative caught the attention of the society and academic circles.As an emerging mode of life,whether unmarried cohabitation can be incorporated into family law adjusting range,whether conform to the needs of the development of society,can build a legal system suitable to China's localization,which is worth to think about it.Law is based on social reality needs,the social problems can not be ignored in the law to explore the protection of not only for personal freedom rights,but also necessary for the development of our social reality.This article first obtains from the discuss of the concept of unmarried cohabitation,on our country's present situation,the social factors and the resulting social problems were investigated,through the analysis of the current relevant legal systems of our country and the foreign related legislation and the judicial model and their contents of understanding and learning,coupled with the objective reality in China is suitable for our country's relevant Suggestions on the problem of the legal regulating unmarried cohabitation.Concrete from four aspects: the first part is basic questions related to interpretation,and carries on the necessity of legal regulation.With the fact that comparative analysis of the concept of marriage and concubinage related,it is concluded that China's attitude towards the unmarried cohabitation change and trend,reflects the law of our country's concern on the social reality.The second part through to the college students,migrant workers and the elderly China-africa marriage cohabitation of the investigation of the status of the three groups,analyze its social reasons and social problems,and then points out that our country present stage for unmarried cohabitation reality urgency of legal regulation.The third part through to the foreign relevant legal system of unmarried cohabitation of targeted study and reference,provided experience for our country's related research.Problem of unmarried cohabitation in our country the fourth part puts forward some Suggestions on legal regulation,including the selection of legislative model,the establishment of the legal relation of condition,content and relationship of the rights and obligations of the parties to lift,etc.Problem of unmarried cohabitation in the process of legal regulation should respect the diversity of social development trend,formulate system suitable to China's local regulations.In recent years the study of legal relationship of unmarried cohabitation increasingly rich,these are the related system in Chinese research provides a good model,however,in this paper,based on the essence of unmarried cohabitation,emphasize its relationship with the legal marriage contrast,in the age of the establishment of legal relationship and some suggestions of property system,for the innovation of our country legal system of unmarried cohabitation provides some experience.