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Research On The Legal Regulation Of Unmarried Cohabitation

Posted on:2018-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:Q S XieFull Text:PDF
GTID:2416330542976621Subject:legal
Abstract/Summary:PDF Full Text Request
The definition of the concept of unmarried cohabitation should be guided by the value of the system of expanding freedom and protecting the weak.What's more,the definition should take the coordination of the legal concept and the legislative system into account.The prevalence of unmarried cohabitation is a common product of multiple factors,which also lead to the intensification of the disadvantaged status of women in the community.The expansion of the vision of private law,the emergence and development of the idea of "the protection of the weak" and the substantial evolution of the protection standards of the rights and interests of the family law constitute the theoretical basis of the regulation of unmarried cohabitation.Specific to the current legislative status,the general treatment to the main body of cohabitation is the reason of the neglect of the main body of the weak in essence.The lack of content of the rights and interests of cohabitation damaged the interests of the weak seriously.In view of all of the above,the legal regulation of unmarried cohabitation shall follow the principle of differences in treatment to keep harmonious between cohabitation legal system and marriage registration system.At the same time,the practice to the principles and concepts of the protection to the weak would achieve the maximum value of the legal system of cohabitation.What's more,In order to protect the party 's autonomy right to choose life,the law should carry out the principle of moderate adjustment.Under the guidance of the above legislative principles,the legal spirit of protecting the weak and safeguarding the freedom can be incorporated into the concrete system design,so as to promote the legislation of the system of unmarried cohabitation in our country.
Keywords/Search Tags:Unmarried Cohabitation, Legal Regulation, The Protection of the Weak, Marriage Registration
PDF Full Text Request
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