Research On De Facto Marriage Relations In China

At present, the most important part of China’s laws and regulations applicable to marriage are "People’s Republic of China Marriage Law", adopted in 2001 and the three relevant judicial interpretation developed and published by Supreme Court through summarizing the legal practice, these formed a relatively complete legal system of marriage, including the construction and improvement of institution of de facto marriage. But it is undeniable that a long time, there are some de facto marriage phenomenon in China’s rural areas, especially in remote areas with low levels of education, and the number of population growing, the scale are expanding. The legal system has its limitations on this phenomenon, but making effort to solve it. It can be seen in the fact that the study abroad, foreign de facto marriage phenomenon is not less than the domestic situation, on the other hand, complex than domestic. Although,different countries are holding different form of the institution of marriage, but the de facto marriage is unavoidable. Since the 1970 s, more and more countries are beginning to take relevant measures to de facto marriage, make the both sides of cohabitation taking the legal liability, you can see the trend that marriage law are admitting de facto marriage, and will continue to move forward. Foreign legislative experience is worth learning and reference.From the different point of view, it is necessary to admit the de facto marriage conditionally and protecting the rights of parties in action, whether from the situation of our country, or the experience of foreign legislation, respect for nature and tradition of private law and marriage law, that can be right. Therefore, this paper is based on the reality of China, starting with the existing legislative at present, revealed the problems of current legislation, proposed admitting de facto marriage conditionally based on marriage registration system, registration of de facto marriage can use different assumption, at the same time used for the legislative experience of foreign countries, to propose a more systematic legislative proposal from the fact that all aspects of de facto marriage.In this paper, in addition to the literature review and the conclusion, is divided into four parts.The first part, the theoretical basis of the distinction between de facto marriage, this part mainly discusses the de facto marriage and the related concept, analyzing the development of naming, nature, characteristics of "de facto marriage" and the facts of de facto marriage validity and analysis.The second part, the existence of de facto marital status, and the reasons for the confusion faced by analysis, and the necessity of the existence of de facto marriage.The third part, civil law and common law countries investigate the facts of marriage status quo, the status quo of de facto marriage legislation and inadequate.The fourth part, Conceiving of reconstructing our system of de facto marriage, this part states the change course and attitude of de facto marriage legislation after the founding of new China, focusing on China’s current marriage system in the review, analysis and evaluation; finally, the first part of the paper, a comprehensive analysis, put forward to perfect the legislation system of China de facto marriage. Its basically along what is de facto marriage, how the existence of the status quo, the existence of background, why so far there is the fact that the marriage, is how to regulate the foreign legislation, the legislative history of how, whether to have to admit the fact that the marriage condition, what are the defects of current legislation, how to improve the idea of writing.