Study On The Litigation Of Cohabitation Relationship

With the constant changes in marriage and family values,it is not difficult to see that some people in today's society are reluctant to enter a marriage relationship and choose to establish a cohabitation relationship with their partner.Although the establishment of cohabitation relationship is lower and more free than the marriage relationship,once a dispute arises,both parties will face an embarrassing situation in which the legislation is not perfect.At present,our country's attitude towards cohabitation is neither opposed nor supported.Although China's current law no longer calls “cohabitation” as “illegal cohabitation”,in the legislative and judicial aspects,the legal adjustment of cohabitation Protection is also fragmented and incomplete.Although it was absolutely recognized in the legal provisions of the early days of the founding of the country,it was only a choice under certain historical conditions.Judging from the current legal provisions on cohabitation in China,once a cohabitation relationship breaks down,one of the parties in the cohabitation relationship can not obtain the support of the court for the material compensation or the compensation for moral damages to the other party.At the same time,non-marital cohabitation does not have a legitimate marriage relationship and cannot be fully applied.In addition to the introduction,this article is divided into four parts,the main contents are as follows:First,the author will discuss the basic theory of cohabitation and litigation,and define the scope of cohabitation discussed in this article in the absence of children.The presence or absence of a common child will have a major impact on the analysis of the parties and have children.In this case,the issue of the custody of the child is also involved.It is not discussed in this article.This article only discusses cohabitation and production in the absence of children.Emphasis will be placed on the concept of cohabitation,the similarities and differences between cohabitation and de facto marriage,marriage,and the difference between cohabitation,prostitution,divorce,and family resolution disputes,as well as the type of litigation in the cohabitation relationship.Second,the second part will discuss the status quo and problems of the cohabitation relationship.In the first part,the status quo is divided into two parts: the status quo of legislation and the status quo of practice.The status quo of the legislation will summarize therelevant routines of laws and regulations on the legalization of cohabitation relations.The current status quo is from the Supreme People's Court and related case websites on the case of cohabitation relationship analysis of the case of data statistics and analysis of the case or typical case to find out the current treatment methods and principles for such cases,followed by discussion At present,there are some problems in solving the current situation of the cohabitation relationship and the analysis of the problems that arise.Third,the third part is the trial and referee of the cohabitation relationship.The concept of trial and referee itself includes a lot of content,but this paper mainly analyzes the particularity of the cohabitation relationship in the process of trial and refereeing.It is from the jurisdiction of the cohabitation relationship profiling lawsuit that can choose the jurisdiction of the agreement to analyze the cohabitation relationship.Analysis of unequal status.Secondly,it analyzes the problem of the eligible party in the cohabitation relationship and the third party and the protection of the rights of the third party.It is again a special kind of homosexual relationship lawsuit-homosexual cohabitation as an example,focusing on The privacy protection of such litigation is elaborated,and finally the analysis and elaboration of the evidence of the parties.The referee part analyzes the characteristics of the common property in the cohabitation relationship and the division principle,the judgment's res judicata,formation force and execution power to analyze the characteristics of the cohabitation relationship in the referee process.Fourth,the last part is that the author puts forward some opinions from the perspective of the civil procedure law,combined with the analysis of the previous law on the settlement of the cohabitation relationship,hoping to protect the equality of the parties under the jurisdiction of the agreement,the protection of the rights of third parties,and the importance It puts forward its own opinions on the mediation procedure of cohabitation and the introduction of the burden of proof,and so on,in order to find a way to solve the conflict of production disputes between the two parties in the scope of the procedural law.