Research On The Legal System Of Unmarried Cohabitation

With the continuous development of the concept of marriage and love in society and the introduction of foreign open thinking,more and more unmarried cohabitation began to appear in China at the end of the 20 th century.However,the existing law does not clearly stipulate the rights and obligations of both men and women during the period of non-marital cohabitation and after the end of the cohabitation relationship,which makes the rights and interests of the vulnerable party in the non-marital cohabitation relationship,usually the woman and the children born out of wedlock,can not be guaranteed,and the disputes arising therefrom can not be effectively resolved.In this paper,based on the investigation and study of the non-marital cohabitation disputes in the courts of D County in northern Jiangsu Province,the author finds out the reasons for the existence and development of non-marital cohabitation in the current situation of non-marital cohabitation,and makes a comparative study of the legislation of various countries in order to provide some suggestions for the legislation of non-marital cohabitation in China.In addition to the introduction and conclusion,this paper is divided into three chapters.The first chapter is about the current situation of the trial of unmarried cohabitation in D County,Northern Jiangsu Province.Firstly,the author makes use of his own conditions in D county court to hear marriage and family cases,summarizes and analyzes the cases of non-marital cohabitation in D county court in the past three years from 2015 to 2017,finds out the difficult problems in the trial;secondly,the author briefly summarizes the relevant laws of non-marital cohabitation in China;The difficulties and reasons in the trial of unmarried cohabitation disputes.Firstly,the author selected four cases dealt with by D County Court to lead to the difficult problems in the trial of non-marital cohabitation cases;secondly,the reasons for the difficult problems in the trial were analyzed,and five reasons were obtained.Among them,the lack of legislative rules is the most important reason,which is also the focus of this paper;Chapter I: suggestions for strengthening the protection of the rights and interests of vulnerable groups in unmarried cohabitation.Firstly,the author uses the method of comparative study to summarize the legislation of non-marital cohabitation in foreign countries,and draws some useful parts for the legislation of non-marital cohabitation in China;secondly,the author combines the reasons for the difficulties in the trial of non-marital cohabitation disputes,the mature legislative experience of foreign countries,and combines with the reality of China.This paper concludes that the legal rights and interests of vulnerable groups can be protected by lowering the legal minimum age of marriage and improving the legislation of non-marital cohabitation.