Research On Legal Issues Of Elderly Non-marital Cohabitation

Since 1999 China has entered an aging society,the development trend of China's ageing population prediction research report pointed out that China's ageing population will experience rapid ageing,accelerated ageing and severe aging three stages,at present our country is in the first stage of an aging population,an aging population will be a important national conditions of China in the 21st century.In addition the traditional concept of marriage and family is being more and more challenges,unmarried cohabitation is a massive increase in worldwide and presents the development trend of increasing,in addition to its marriage has become a common between the living way of life.This paper combines the aging society with the current phenomenon of non-marital cohabitation,and studies the legal issues of non-marital cohabitation in the elderly.There are no clear rules on the non-marital cohabitation in China.Although "law is free",the guidance and regulation of non-marital cohabitation is necessary.The reason why old people choose not to live together is because it is beneficial to their old age and the loneliness of old age.But as a result of our current laws and regulations of unmarried cohabitation is not regulated,makes the elderly in the choice of unmarried cohabitation also there is no effective remedy faced with economic disputes,maintenance problems difficult to solve the problems such as inheritance.This makes the life of the old people who choose not to live together live in uncertainty,which brings great danger to the old age.It creates a gap in the protection of the rights and interests of a non-married cohabiting person.We should look at this problem with dialectical and developmental perspective and face the problem of non-marital cohabitation in the elderly,and actively try to cope with it.Due to the different characteristics of elderly non-marital cohabitation compared to young people,and the old people have a weak sense of law,disputes about non-marital cohabitation are often not solved by themselves.Therefore,in the process of treatment,we should treat the treatment differently,and treat the problem of the old people's non-marital cohabitation.Therefore,it is necessary for our country to effectively guide the non-marital cohabitation of elderly people out of the purpose of safeguarding the rights and interests of the elderly.In addition,the recognition of non-marital cohabitation by law does not exclude the marriage system,and people choose different ways of marriage according to their own needs.Marriage is still perpetuate themselves and their children healthy growth of human essential organization,should be in the position of the priority to protect marriage,give us a different treatment for marriage and unmarried cohabitation,marriage and family patterns of consolidated mainstream status.The paper firstly analyzes the real seriousness of the remarriage problem in the elderly by analyzing the data materials of the census data,and points out the social background of the non-marital cohabitation phenomenon.Through the analysis of the research status,it points out the urgency of legal regulation and protection of non-marital cohabitation.The body is divided into four parts.The first part makes clear the research object of this article by analyzing the concept and characteristics of the non-marital cohabitation of the elderly.In the second part,the author gives an overview of the status of non-marital cohabitation in the elderly and analyzes the reasons for the non-marital cohabitation of the elderly.The third part elaborates on the existing legal problems of the non-marital cohabitation of the elderly,which leads to the lack of legal regulation of the non-marital cohabitation in China.On the basis of the foregoing discussion,the fourth part combines the legislation of foreign cohabitation of the elderly,and puts forward the legislative countermeasures and judicial countermeasures of China's marriage cohabitation in old age.