A Study For Legal Regulation Pattern Of Non-marital Cohabitation

As an acquainted word,non-marital cohabitation works as a concept which has been existing and following by the marriage state over a long period of time.In China,numerous non-marital cohabitation has appeared along with time going by and the increasing number of open-minded people who actively accepted this living mode.Thereupon rapidly and inevitably,a series of problems include property disputes,unclear identity relationship and the protection for rights of the weak and so on have been exposed.This article mainly focuses on the existing problems caused by intestine non-marital cohabitation and raises the relevant adjustment methods that relevantly combined with the consideration of the foreign laws.This paper is titled within law-adjustment mode of non-marital cohabitation and is divided into four parts for research and analysis: respective researches from historic outline of non-marital cohabitation regulations in Chinese and foreign law,solutions to legal problems in intestine non-marital cohabitation,and the normalize regulations of de facto marriage and non-marital cohabitation.The first part defines and distinguishes the definitions of de facto marriage,unmarried cohabitation and the non-marital cohabitation,then expounds the historical evolution and the legal norms of non-marital cohabitation and the practical problems of the legal regulation in China.From the indigenous theory and practice of non-marital cohabitation law,the lawmakers ought to put forward the necessity of effective adjustment,and for which details will be discussed below.The second part mainly expounds the non-marital cohabitation outside legal adjustment method,respectively introducing the mode of de facto and the registration cohabitation.In the two modes,two different treatments based on non-marital cohabitation are introduced in laws of various nations of which one is equivalent to the treatment of marriage and the other is that of different from the marriage.The third part,combining with the analysis above that the fact cohabitation mode and cohabitation outside method,the author discusses how to crack the problem of non-marital cohabitation law system,and gives advice on what aspects that the legislation should pay attention to in the future from the choice of the value orientation of legislation and legislative mode.The fourth part mainly expounds that the fact marriage and non-marital cohabitation should be normalized and regulated in the adjustment of the later specific laws.Meanwhile,the building the system of fact marriage and the concerning legislation of non-marital cohabitation must be completed and modified,only then may promotes effectively protects in interests of the parties in the non-marital cohabitation.