Research On Legal Protection Of Rights And Interests Of Unmarried Cohabitants In China

With the change of the life of both sexes and the high divorce rate,it is no longer the "necessary stage" in everyone’s life to form a family through the conclusion of marriage.On the other hand,with the renewal of Chinese values and the impact of urban modernization,the hegemony of traditional family culture centered on marriage is no longer,the complexity,diversity and heterogeneity of intimate relationship are in the ascendant,and the attitude of Chinese people towards cohabitation relationship has become tolerant and understanding.In such a social context,the phenomenon of unmarried cohabitation arises at the historic moment.Two persons with full capacity for civil conduct who have no spouse form a permanent and stable common life partnership without registering marriage,which constitutes the non marital cohabitation discussed in this paper.Combined with the social background of our country in the new era,it is found that housework in cohabitation can not be recognized,domestic violence and abortion seriously damage women’s physical and mental health,infidelity between men and women is becoming more and more frequent,and there are even a large number of vicious events that women cheat each other’s property in the name of false marriage agreement.These are common violations in unmarried cohabitation.Since 1980s,the phenomenon of cohabitation has become more and more normal in China.which makes the protection of the rights and interests of non marital cohabitation limited to the realistic dilemma of "can not be relied on".The lack of the rules of personal relationship in our country leads to the fact that the parties no longer have the factual marriage relationship recognized by the civil law since 1994.However,there are still conditional recognition of the factual marriage in the criminal law field,which undermines the unity of the law order.At the same time,in the principle of contract law under the civil code system,the agreement of personal nature agreed between non married cohabitation persons is invalidated for violating public order and good customs;the tort law based on fault doctrine is difficult to identify the subjective elements of both parties when adjusting disputes arising from the common conduct of the two parties;inheritance law can not identify the subjective elements of both parties when adjusting disputes arising from the common conduct of the two persons;inheritance law in regulating the division of heritage is due to the self The limitation of body is that it is impossible to gain more benefits for the cohabitation.Even in the field of the weak rights and interests which need the protection of law,there are also the lack of relief means.The limitations of legislation on the subject and object of anti domestic violence law,exclusion of the application of protective system in the family law,and the absence of protection of the rights and interests of children born out of wedlock all prove this.In the rupture of law and reality,the conflict between individual value and family interest,and the conflict between conservative tradition and freedom and openness,the rapid growth of unmarried cohabitation group has become a global convergence phenomenon.This forces many western countries to explore the legal path to protect the rights and interests of cohabitants,and eventually evolved into the current legal system of unmarried cohabitation with different styles.The Cohabitation Contract System in the United States,the de facto marriage system in Germany and the registered partner system in northern Europe are the three main models of foreign legislation.On the basis of referring to the essence of foreign legal system of unmarried cohabitation,taking the principle of autonomy of will,the principle of differentiated treatment and the principle of protecting women as the legislative value orientation,and combining with the situation that the rights and interests of both sexes in domestic unmarried cohabitation are vulnerable to infringement,this paper puts forward some legislative suggestions on the construction of Chinese legal system of unmarried cohabitation focusing on the protection of the rights and interests of the weak.In the future,under the legislative mode of de facto cohabitation,which is different from marriage,we can take the non marital cohabitation contract system,non marital cohabitation economic compensation system,non marital cohabitation damage compensation system,priority purchase system and unilateral withdrawal system as the basic framework to build a "vacuum" of non marital cohabitation in China Embarrassing situation.Behind the social phenomenon of unmarried cohabitation in China is the interlacing of economic factors,political factors and cultural factors,which also makes many contemporary Chinese have a more rational understanding of family and marriage.The change of social reality is the "fuse" of legal change.With the growing number of unmarried cohabitation groups,a large number of legal problems have been exposed one by one,and the construction of specific legal system will eventually be put on the agenda.How legislators should protect the legitimate rights and interests of unmarried cohabitants has become a frontier issue in the field of marriage and family law.