The System Construction Of Civil Partnership

Two persons with full capacity for civil conduct,who have no spouse but form a relatively stable long-term family,constitute a civil partner.Marriage plays an important role in China,but In modern society,more and more people are choosing not to get married than staying a long-term living together in pursuit of individuality and freedom.These phenomena such as unmarried cohabitation,same-sex cohabitation are becoming more and more common.Governments start to realize that the civil partnership has become a different kind of family life,which is different from marriageand has brought a series of urgent problems.The author uses the method of empirical research and comparative analysis to construct a system of civil partnership,not only to achieve equal treatment of same-sex and heterosexual partners,but also construct a unique registration system applied to Chinese heterosexual couple.This system of great significance,not only can improve the social acceptability of civil partnerships,strengthen the protection of the interests of the weak,but also can solve the judicial disunity embarrassment,safeguard the dignity of law.Therefore,How to balance the legal relationship between the traditional marriage and the civil partnership becomes the important problem that the author need to consider.This paper can be divided into four parts:The first part is an overview of civil partners,including three aspects.First of all,the question was asked whetherit is necessary to carry out the relevant legal regulation on the rise of civil partners.Secondly,a definition of a civil partner is defined in the light of the reality of our country,that is,the relationship between two adults who do not have a spouse and live together for a long time.Finally,This paper makes an empirical analysis on the necessity of the research on the legal system of civil partnership through the actual data,answered the question raised in the first part.The second part is the research on the legal system of foreign partner relations,including two aspects.The first part discusses the different legislative models of the partnership and analyzes the advantages and disadvantages,through the effectiveness of"equivalent marriage" and "different from marriage".The second part discusses the relevant legislation of the major western countries,such as Britain,the United States,France,Germany and absorbs the essence of their legal system.The third part is the realistic basis,significance and feasibility of China's partnership legislation,whichcan be divided into three parts.The first isthe investigation and analysis of the status quo of China's partners,illustrating the basis of the civil partnership legislation.The second isthe legislation of civil partnerships,based on the analysis of the relationship between the universality and severity of the problem.The legislation of the civil partnership is of great significance to the equal protection of rights,the building of a harmonious society and the establishment of agreat power.Thirdly,it discusses the feasibility of the legislation of the civil partnership,focusing on the social basis and legal value basis of the legislation of the partnership in our country.The fourth part is the construction of the legal system of civil partnership in China,divided into four parts.The first is the choice of the legislative model of the civil partnership,which focuses on the reasons why our country should adopt the mode of"compromise",which is different from the marriage "the fact partner" and "the registration partner".Second is the establishment of the civil partnership,the establishment of the partnership must meet the substantive requirements and the corresponding form elements.The third is the effectiveness of civil partnership.This part is the focus of the article and divided into two parts of rights and obligations,clearly illustrating the theoretical focus of the debate,such as cohabitation obligations,duty of loyalty,custody and inheritance rights,etc.The fourth is the termination of the civil partnership,The termination of the partnership must meet certain requirements,such as mutual agreement,unilateral notice,one party marriage or death,etc..