Exploratory Research On Women's Rights And Interests Protection In Non-marital Cohabitation

In today's society,according to the high cost of marriage,the high selection standards for young men and women,and the increasing divorce rate,the formation of a family through marriage seems to be unattractive.More and more single people suffer from “Fear of Marriage”.Furthermore,with the renewal of social concepts and the pursuit of individual freedom by young men and women,it is difficult for traditional moral concepts to restrain people,and the social attitude towards cohabitation is also more tolerant.In this social context,non-marital cohabitation came into being.The phenomenon of non-marital cohabitation in western countries became popular in the 1960 s.Faced with this social phenomenon,western countries explored methods to protect the rights of non-married cohabitants constantly,and gradually established an effective non-marital cohabitation system.Since the late 1980 s,although the phenomenon of non-marital cohabitation in China had become increasingly pervasive,the law did not regulate the non-marital cohabitation at all.Instead,it adopted the policy of “no sanctions,no protection and no intervention,”which made the women in weak status vulnerable to violations.Therefore,on the basis of the foreign legal system of non-marital cohabitation,considering the vulnerability of women's rights in non-marital cohabitation and China's practical conditions,this article proposed corresponding legislation on the establishment of the legal system for non-marital cohabitation that focuses on the protection of women's rights and interests which seeks to improve the terrible situation of women's rights in non-marital cohabitation.In addition to the abstract,this article can be divided into four parts.The first part introduced the significance and background of the research.The second part explained the concept,constitutional requirements,and the related concepts of non-marital cohabitation.The concept and definition of non-marital cohabitation can be described as follows: The unmarried cohabitants form a combination of long-term and continuous living conditions based on emotions while without legal marriage.The essence of non-marital cohabitation is that unmarried cohabitants form an emotionally based community of life without violating the mandatory regulations of the law.The third part introduced the necessity to protect women's rights in the construction of non-marital cohabitation legal system from twoaspects.Firstly,the actual aspect: women's physical and mental damage coursed by the violence from cohabitation partner,the effect of artificial abortion on women's physical and mental health,and the housework undertook by women cannot be compensated.Secondly,the legal aspect: This section began with the introduction of China's lack of legal regulation aiming at non-marital cohabitation,and then explained the relationship between law and morality which explained why legislation is the last barrier to adjust social relations,and finally strengthened that protecting the weak is the only way to achieve social fairness.The fourth part described the non-marital cohabitation legislations of foreign countries in detail and elaborated the protection of women's rights in the legislations.Through the study of the legal regulation of non-marital cohabitation in representative countries,the experiences of adjusting the non-marital cohabitation relations at the legislative and judicial levels were summarized,and the specific legal regulations for the rights of non-married cohabiting women in practice were further analyzed.The fifth part,basing on the research results of other scholars,a concrete method of constructing a non-marital cohabitation system was proposed from the perspective of women's rights protection that referred to foreign experience which combined with China's actual conditions.For example,the approval of the effectiveness of non-marital cohabitation contracts,the compensation recognition of the housework undertook by non-marital cohabitation women,the establishment of non-marital cohabitation inheritance system and so on.