On The Legislative Regulation Of Non-marital Cohabitation In China

According to the current law,legal marriage is the only mode of forming family relations.However,with the rapid development of social economy nowadays,people have a more open understanding of marriage and family relations,and they are pursuing individuation.In today free society,non-marital cohabitation,as a new form of life,has begun to appear in the society.The emergence of this phenomenon has put forward many difficult problems to be solved by law.However,there is a lack of legal norms and guidance on the relationship between non-marital cohabitation in our country,and the law has obvious lag in the field of non-marital cohabitation,which makes the problem of non-marital cohabitation in our country more awkward.The situation is very bad for social harmony.It can be said that the blank of our law in the field of unmarried cohabitation is a serious defect of marriage and family law in our country.In view of the large number of disputes arising from unmarried cohabitation,it is urgent to regulate the law,so it is urgent to make legislation on the relationship of non-marital cohabitation.The definition of unmarried cohabitation in personal relations,the legal issues of property relations and parent-child relationship are analyzed and discussed,and the current situation of our country premarital cohabitation and problems were discussed,analysis and comparison of the foreign non marital cohabitation legislation status,combined with the actual situation in China.Cohabitation the legislative problems unmarried in China are discussed and proposed the relevant legislation.This paper consists of three parts: introduction,text and conclusion,in which the text is composed of four parts.The first part of the concepts of non-marital cohabitation and non-marital cohabit ation characteristics and related concepts to distinguish and analyze the differences in which lay a foundation for study of non-marital cohabitation.The second part explores the current legislative situation and legal problems of n on-marital cohabitation in China.Combing is legislation of non-marital cohabitation s ince the founding of the People’s Republic of China and the controversy in academic c ircles.Then it analyzes the necessity and feasibility of the legislation of non-marital c ohabitation in China.By introducing the current legislation of non-marital cohabitatio n in China,the author concludes the legal problems that China is now facing.Because an existence of different types of non-marital cohabitation relationship,the disputes o f person,property and parent-child relationship between cohabiting partners are greatl y increased.The imbalance of the protection in the rights and interests of the weak par ty,circumvention of the law and other phenomena are becoming more and more com mon and serious.Therefore,the legislation of non-marital cohabitation is to build a so ciety rule by law and build a harmonious society.The third part studies and draws lessons from foreign non-marital cohabitation re lated legislation.Through the legislative analysis of foreign non-marital cohabitation l egislation attitude,legislative model,personal relationship,property relationship and parent-child relationship,the enlightenment to solve the legal problems of non-marital cohabitation legislation in China is obtained.The fourth part is the conception of the legislation of non-marital cohabitation in China.First of all,it has clarified the legislative attitude and legislative model that Chi na should choose,and explains that our country needs to legislate on non-marital coha bitation at present and should be choose the unregistered mode which is different fro m marriage and the sufficient reasons for this choice.Then,the legal problems of non-marital cohabitation in China are conceived from three aspects: personal relationship,property relationship and parent-child relationship.Specifically,combining the current legal and judicial interpretation of non-marital cohabitation in China,referring to the relevant provisions of foreign countries,this paper generalizes and analyzes the specific rights and obligations of non-marital cohabitation,and focuses on the analysis of the existing laws and regulations of our country.Different aspects and suggestions based on the relevant provisions of the Marriage Law,such as how to resolve the identity problems in personal relations,the property system in property relations,the inheritance rights,the sharing of debts during cohabitation and the compensation for damages,etc.How to confirm the biological father and children in the parent-child relationship.At present,the legislation of non-marital cohabitation in our country is not clear.In judicial practice,judicial interpretation cannot solve all kinds of problems and disputes existing in non-marital cohabitation,showing obvious lag and limitation.I hope this study will benefit the establishment of legislation of non-marital cohabitation in China.