Discussion About The Legal Regulation For Non-marital Cohabitation

Whether from the point of view of traditional customs still existing law. In our country, the registration of marriage is the premise of marriage and family life began, is the only way to form a complete marriage and family life.But with the development of society, the emancipation of the mind, the change of the idea, and change the traditional family functions, unmarried cohabitation has been accepted by more and more people as a new mode of social life and because it has with respect to the registration of marriage more freedom, more and more people choose to unmarried cohabitation mode, along with the new mode of living, also appeared in the many problems. Among them, the vulnerable groups of the infringement of rights and interests of severity, which The existence of some problems, urgently needs the legal adjustment to solve, and China’s existing laws, regulations of unmarried cohabitation legal relationship very little and without a relevant provisions to regulate unmarried cohabitation legal relationship, so I think in today’s construction of harmonious society situation, through legislation to solve the problems produced in non marital cohabitation legal relationship especially to protect the rights and interests of vulnerable groups of non marital cohabitation legal relationship in, is imminent.Previous theory research and legislative proposals, most of them are from the protection of rights and interests of women and with an eye to start to study, the proposal also in the protection of women’s rights and interests, and is also the property protected, and the personal relationship between slightly neglected. In this paper, I will from personal relationship, property relationship between the two perspectives, were considered in the elderly, women, not adults as non marital cohabitation legal relationship in the vulnerable groups of situation, combined with status of legislation of our country, draw lessons from foreign advanced legislative model proposed on this part of the vulnerable groups through legislation to protect their rights and interests.And produce, unmarried cohabitation has its rationality and reality, first of all, after years of reform and opening up, people’s thinking more and more open to accept Western ideas are more and more unmarried cohabitation has been more accepted, and not like the past, as is considered to be "ashamed" and "not face" behavior. Unmarried cohabitation phenomenon will continue to increase, the corresponding, which produced the contradiction is increasing, but at present our country related laws, due to non marital cohabitation and cause most of the problems, there is no corresponding provisions, these social problems, but can not depend on ", which we are currently building a socialist Harmonious Society for the purpose of contrary. China’s reform and opening up late, open time is short, open degree is low, therefore to accept advanced ideas is relatively slow, unmarried cohabitation is now in recent years is the rapid development, so the relevant laws in our country is late to make adjustments to deal with this situation, law has certain limitations and lag, even so, but we can not as a pretext for ignore unmarried cohabitation in all kinds of social problems, to turn a blind eye to the situation of vulnerable groups in the relationship of non marriage cohabitation, turned a deaf ear to, especially in many foreign countries to adapt to the society made the move trend, for issues related to positive legislation regulate System, safeguard the rights and interests of vulnerable groups in the relationship of non marriage cohabitation trend, we should recognize, unmarried cohabitation has been a mode of life in modern society, has its existence rationality, if can through legislation to regulate unmarried cohabitation in the various contradictions and effectively protect the interests of vulnerable groups, and for now we construct socialist harmonious society is of great benefit. In this paper, I concept of unmarried cohabitation, the vulnerable groups of unmarried cohabitation in the situation, China currently legal issues in this regard, the relevant foreign legislation situation, and combining with the specific situation of our country to put forward the proposed relevant suggestions and ideas. In addition to the introduction And the conclusion, this paper is divided into four parts:The first part, two small cases, through real life case and compare the image, intuitive reflect the problems easily occur in the non marriage cohabitation relationship.In the second part, of unmarried cohabitation in our country legal relationship of vulnerable groups in the reality of the situation analysis, respectively from the aspect of personal relationship of vulnerable groups, the three angles of the propertyrelations of vulnerable groups, as well as a minor starting, analysis the unmarried cohabitation law relationship of weak groups are facing the reality of the problem and the reasons for the emergence of, is discussed through legislation to protect unmarried cohabitation legal relationship of vulnerable groups in the necessity, urgency and realistic carefully combed the current law of our country for a variety of problems that may arise in the relationship of non marriage cohabitation relevant regulations, see the lack of rules for this kind of problems of the current law of our country from And fully understand the reality of the situation, in order to pave the way to put forward some legislative proposals;The third part, Europe and the United States open ideological concepts, a high degree of openness of the society, research on such problems early, and some of the country’s research has made certain effect, through appropriate legislation to adjust the relationship of non marriage cohabitation, which has many countries model is worthy of our reference, this part through the relevant legislation of different states of the United States and Germany legislation introduced. Analysis of Anglo American law system and continental law system, the legislation pattern, take the essence to its dregs, as I used to.The fourth part, through the above three parts, for the situation of vulnerable groups in the relationship of non marriage cohabitation, our current laws and regulations insufficiency, the foreign legislative pattern have a complete and systematic analysis, a thorough summary and thinking, from China’s specific national conditions of, specific issues specific analysis proposed is suitable for the national conditions of China’s legislative proposals, drag over legislation of non marital cohabitation should be regulated, protection of vulnerable groups in the non marriage cohabitation relationship, to maintain social justice, promote the progress of the rule of law, and promote social harmony.