Study On The Legislation Of Unmarried Cohabitation

Under the background that non-marital cohabitation has become an alternative to marriage for many people,how to improve relevant legislation,resolve practical disputes,and protect the legal rights and interests of non-marital cohabiting parties and their children is both a legislative requirement and a judicial practice requirement.At present,China’s laws still maintain an ambiguous attitude toward unmarried cohabitation,which is unrestricted and unprotected.The relevant legal provisions are too principled,and the ambiguous meaning leads to the lack of unified standards in judicial practice,which is not conducive to the settlement of non-marital cohabitation disputes,and is not conducive to Protection of the legal rights and interests of parties to non-marital cohabitation and their children.Therefore,this article understands the disputes over property and personal status of the non-marital cohabitation relationship through cases,analyzes the phenomenon of different judgments in the same case in the court’s handling of the non-marriage cohabitation relationship,and combines the relevant legislation outside the territory and the academic circles on the non-marriage cohabitation relationship legislation.Different opinions put forward suggestions on the legislation of the non-marital cohabitation relationship in order to better meet the needs of social reality,resolve legal disputes in the non-marriage cohabitation relationship,and safeguard the legal rights and interests of the non-marital cohabitation relationship parties and their children.Apart from the introduction and conclusion,this article is divided into four parts:The first part is an overview of the basic theory of non-marital cohabitation legislation.This part lays the theoretical foundation for the analysis of related legal issues in the following by defining the non-marital cohabitation relationship and clarifying its constituent elements,analyzing the theoretical and social basis of the non-marriage cohabitation relationship legislation,and the value and function of the non-marital cohabitation relationship legislation.The second part is about the status quo and reasons of disputes about unmarried cohabitation in China.Based on the current status of judicial practice in China,this part analyzes and analyzes the disputes existing in the practice of non-marital cohabitation and the court ’s handling of related disputes,summarizes the problems in handling non-marital cohabitation disputes in judicial practice,and analyzes such The reasons for the status quoserve as a practical basis for China’s relevant legislative proposals.The third part is the investigation of the extraterritorial law of the non-marital cohabitation relationship.This part adopts comparative jurisprudence research methods,mainly introduces the personal effectiveness and property effectiveness between non-married cohabitants in the relevant countries outside the territory,the legislation of the termination of the non-marital cohabitation relationship and the consequences,and reviews and analyzes the relevant systems.Provide ideas for reference.The fourth part is the legislative proposal of China’s non-marital cohabitation relationship.This part is based on China’s national conditions,combined with the above-mentioned relevant legislation outside the territory and the problems existing in China’s practice,on the basis of the academic circles’ suggestions on the legislation of non-marital cohabitation relationship,we try to put forward the legislative concept of constructing a legal system for non-marital cohabitation in China.First,this article proposes to incorporate civil code regulation.Secondly,it is recommended that the principle of differentiated treatment,the principle of autonomy of will,and substantive equality be the basic principles of legislation.Again,this article recommends specific provisions on personal effectiveness and property effectiveness: in terms of personal effectiveness,both parties have a loyal duty,daily family agency rights,and domestic violence are included in the adjustment scope,in terms of property effectiveness,a common property system is implemented,and Inheritance rights under certain conditions.Finally,this article proposes to stipulate the reasons and termination consequences of the non-marital cohabitation relationship: the agreement can be terminated,the unilateral termination and the legal termination of the non-marital cohabitation relationship.The termination consequences include compensation for infidelity and domestic violence,the right to request financial assistance and children The claim system for maintenance,the right to visit.