Research On Civil Union System

With the gradual opening of social scarves and personal awareness of the continuous improvement of freedom.The legal relationship of marriage and family,as the only legal model to adjust the common life style among adults,has failed to meet the reasonable appeal of some groups in society for the free will of individuals and has been unable to solve the problems of new life problems,such as same-sex combination and non-marital cohabitation.From a global perspective,this dilemma is not unique to our own country,the major European countries have already realized the seriousness of the above-mentioned problems and have developed appropriate measures through relevant legislative practices to creat the new law of common life in their respective national conditions.Based on the status of same-sex couples and heterosexual non-marital partners in our country,this article attempts to analyze the necessity of setting up a civil union system in our country.At the same time,it discusses the legislative purpose,significance and limitation of the civil union system,which is representative in all countries in the world,and tries to find a legislative mode for reference for the civil union system in our country.This article is divided into four chapters:The first part defines the civil union as a new type of life relationship between two natural adults,who is regardless of gender,and divides it into the same-sex civil union,the opposite-sex civil union and the non-gender civil union according to the different subjects of the study;The second part is based on the natural and social attributes of marriage and civil union to compare these two similar patterns of living together;The third part is based on the the civil union system in various countries,which can be summarized into Sporadic legislative model,Registration partner model and Mutual aid relationship model,to analyze the purpose of the legislation,the legislative form and arrange mode.The second chapter is legislative practice in all countries.First of all,First,it outlines the "legalization" practice of the civil union system in various countries in the world.Secondly,I select the Dutch "Registered Partnership Law" and the French"Mutual Legal Assistance Contract",which are typical representatives,and analyze the implementation,main contents,meanings and limitations respectively.The third chapter is the combing and analysis of the current situation of China's civil union system theory research and relevant legislation.The concept of civil union has never appeared in the legal field of our country.However,the status of homosexuality and non-marital heterosexuality has existed in the long time.This chapter first introduces the current situation of non-marital cohabitation and same-sex combination in our country,and highlights the importance of establishing a civil combination system to regulate the above two situations.Then from the legislative system level and the judicial practice level,the status of legal regulation on the combination of non-marriage and same-sex in our country is sorted out and the existing problems are discussed.The fourth chapter is the design of civil union legislation in our country,including three aspects.The first is to demonstrate the legislative basis of our civil combination system from the legal level and the actual social needs.Second,In terms of adjustment range,civil union system in our country should include both same-sex couples and heterosexual partners.In legislative mode,we should resolutely distinguish the relationship between marriage and family.On the aspect of adjustment,we should adhere to the theory of contract and emphasize the meaning of parties Autonomy,at the same time to give appropriate state intervention;The third is to build our civil combination of specific systems,including the establishment,termination and legal effect.