Research On The Trial Difficulties And Countermeasures Of Cohabitation Disputes

With the development of economy,the phenomenon of unmarried cohabitation is becoming more and more intense in China.Especially in recent years,unmarried cohabitation has developed into a very common way of life in modern society.Whether from urban white-collar workers to migrant workers,or college students to widowed elderly,cohabitation is common.Even the marriage relationship protected by law will inevitably produce all kinds of contradictions,especially the non marital cohabitation relationship with higher mobility and lower stability.These disputes occur frequently and need a complete and sound response.By analyzing the specific situation of custody disputes and property disputes involved in non marital cohabitation cases,this paper clarifies the thorny problems existing in the property treatment of non marital cohabitation,and puts forward corresponding solutions for the reference of relevant departments.In addition to the introduction and conclusion,the full text includes five parts:In the introduction,I mainly introduces the reason of the topic,the purpose of the research and the legislative situation at china and abroad.The first chapter introduces the basic theory of unmarried cohabitation.In this chapter,I first introduces the concept,characteristics and constituent elements of unmarried cohabitation.This paper focuses on the constituent elements of unmarried cohabitation,and the difference of constituent elements is also the fundamental difference between unmarried cohabitation and marital relationship.In the second chapter,the author introduces the current situation and causes of non marital disputes.Through the big data of Weike Xianxian database,it can be seen that although the cases of non marital cohabitation disputes fluctuate from time to time,they show an upward trend on the whole.The change of ideas and economic conditions are the main reasons for this phenomenon.The third chapter focuses on the difficulties and reasons of the trial of non marital cohabitation disputes in China.By selecting relevant cases from the judicial document network and the magic weapon judicial case database of Peking University,and screening the cases with cohabitation relationship property analysis disputes and custody disputes as the cause of action,the high-frequency words are selected.These high-frequency words can also best represent the frequent fields and reasons of current non marital cohabitation disputes.Finally,it comes to the conclusion that the current non marital cohabitation disputes focus on the custody disputes caused by the upbringing of children and the property analysis disputes caused by the confusion of property.The fourth chapter puts forward some ideas to solve the difficulties of the partition suit in non marital cohabitation,I puts forward the solution ideas,upholding the principle of the best interests of child in the custody disputes,distinguishing different types of agreements when determining whether the agreements signed by cohabitation are effective,and handling different cases according to the causes of the litigation of partition suit when judging the cases of partition suit of cohabitation.