Research On The Judgment Rules Of Non-marital Cohabitation Property Disputes

The current Civil Code continues the legislative attitude of the marriage law,and avoids the issue of "non-marital cohabitation" legislation.Lawmakers have no plans to legislate for non-marital cohabitation.However,non-marital cohabitation has become a common way of life in society,the property problem caused by non-marital cohabitation has become increasingly prominent.Between 2014 and 2020,there were an average of one thousand and five hundred judicial cases in China over property disputes related to non-marital cohabitation.In the absence of legislative regulation,a large number of nonmarital cohabitation property disputes still need to be fairly resolved by the judiciary.By investigating the changes and judicial practice of the judgment rules on property disputes of non-marital cohabitation,we can find that the judgment rules are too unclear and uncomplete to guide the court in making a scientifically sound decision at present.In judicial practice,the courts can’t determine the scope of the joint property and the joint debt of the non-marital cohabitation,and the property relationship between the parties.When fix it,they lack a clear and unified judgment standard.It causes serious consequences that the same case can’t be the same judgment,which harms the lawful rights and interests of parties and reduce judicial credibility.In order to solve the above-mentioned problems,the rules of adjudication of property disputes in non-marital cohabitation should be expanded upon the framework of the existing law,delimit the scope of the joint property of non-marital cohabitation,clarify the co-ownership of the joint property of non-marital cohabitation,refine the rules for the division of property,classify the joint debt of nonmarital cohabitation and distribute the burden of proof of the parties according to different types.It is hoped that by doing so,we can ease the judicial pressure on the property disputes of non-marital cohabitation,respond to the needs of social development and properly protect the legitimate rights and interests of the parties.