The Research On Legal Regulation Of Unmarried Cohabitation In Our Country

With the development of social economy and the liberation of people’s minds,the awareness of marriage is becoming more and more different and the acceptance of cohabitation is getting higher and higher.Subsequently,unmarried cohabitation develops in such social environment;especially to quickly become popular in the 1990 s.Unmarried cohabitation not only meets the freedom of choice of people’s lifestyle,but also eases the financial pressure caused by the reality of marriage.However,with the development of unmarried cohabitation,unmarried cohabitation also has caused many social problems,so we should get full attention.In addition,at the annual meeting of the China Civil Law Research Society in 2016,Professor Xu Diyu proposes we should pay attention to the phenomenon of the developing unmarried cohabitation in the compilation of civil code,so that this phenomenon once again attracts the attention of everyone.By means of civil codification opportunity,in order to meet the requirements of the development of unmarried cohabitation and solve many social problems caused by it,it is an urgent problem to be solved by law.Although we have made some progress in the legal regulation of unmarried cohabitation,there are still many problems to be solved.Now,in the legislation,China’s law on non-marital cohabitation is still a “do not recognize,do not support,do not interfere” evasive attitude,and do not give a clear provision;in the judiciary,China’s Supreme People’s court has issued relevant opinions and judicial interpretations,but there are still many loopholes and deficiencies.We use the method of value analysis,comparative analysis and historical analysis to fully discuss the legal legislation and judicial status of unmarried cohabitation in our country,so as to find out a series of problems existing in legislation and judicature.Although we find out a series of problems,our ultimate goal is to solve the problem.In view of the problems existing in the legislation and judicial administration of unmarried cohabitation,through the opportunity of civil code compilation,we creatively put forward legislative and judicial suggestions to the legal regulation of unmarried cohabitation,looking forward to better solve the disputes caused by unmarried cohabitation.In order to solve the problem of legal regulation of unmarried cohabitation,we will discuss the solution from two aspects of legislation and judicature.In legislation,we should firmly grasp the opportunity of the codification of the civil code and follow the needs of social development,so that unmarried cohabitation will be written in the civil code and a perfect legal system of unmarried cohabitation will be established.The legal system should be established for unmarried cohabitation,personal relations,property relations,parent-child relationship and the lifting of the marriage and other aspects of the explicit provisions,so that unmarried cohabitation included in the legal regulation to provide a legal basis for solving the problems caused by unmarried cohabitation.In judiciary,we should introduce a series of judicial interpretation and guiding cases,and strengthen the protection of vulnerable groups.Through the implementation of these judicial measures,in the field of justice,we can better the legal regulation of unmarried cohabitation in the field of justice.The unmarried cohabitation in our country will be included in the scope of legal regulation,complied with the requirements of social development,not only can protect the interests of both sides of unmarried cohabitation,but also can solve a series of problems faced by unmarried cohabitation.It is hoped that this study can contribute to the legal regulation of unmarried cohabitation.