On The Selection Mechanism Of Applicable Law About Relationship Of Property In International Non-marital Cohabitation

With the transition of economy, society, culture and ethical conception, the people’s view toward marriage and family has been changed. Due to humanity’s further pursuant of individual standard, the phenomenon of non-marital cohabitation which is characterstics of freedom becomes prevalent. In addition, the development of global economy, the strengthening of social security, frequent close global communication and intercourse, the cultural and moral concepts convergence cause the emergence of non-marital cohabitation across the nation, that is the phenomenon of international non-marital cohabitation.As a cohabitation mode with huge difference from the marital cohabitation, the non-marital cohabitation has become prevalent day and day, especially emerges in large numbers in economically advanced countries in Europe and America, recently, it has become more prevalent in the developing’ countries also, including China. This phenomenon causes wild-range concern in the contemporary society, therefore, many countries start to face such social existence, and set up the relevant legislation. However, the attitude toward and the type of non-marital cohabitation around the world are dramatically different; And the different recognition to the feature and theory of property relation of it has formalized distinctly different concrete regulation management, deposal and partition of non-martial cohabitation. This caused large amount of unavoidable legal conflicts.The international non-marital cohabitation, as a newly international property relationship with the basis of status, the question caused by property dispute of it like jurisdiction attribution, selection of applicable law are the essential questions need to be pay attention in contemporary days. A notable point concerned that this newly international property relation with the basis of status, has the fundamental difference from the international marital property relation and other international property relation. It is the result of increasing diversity and complication of international civil relation. Because the International Private Law’s core mission is to resolve the problems of application of law in international civil relation, for international non-marital cohabitation relation, especially to the property relation of it, in order to resolve it’s law conflict, how to choose applicable law which is a realistic question to be faced.Giving a full range of probing on selective mechanism of applicable law about property relation of international non-martial cohabitation, which favours the theory and practice in International Private Law which covers international non-marital cohabitation especially for the legislation of International Private Law in our country. Considering the applicable law’s selective mechanism of international non-marital cohabitation, we should employ more generalized perspective, that is besides the direct process of confirming the applicable law by in accordance with "the Processing Mode of Jurisdiction" or on the basis of "the Processing Mode of Conflict Law" traditionally, the confirmation of jurisdiction, which have related impact on selection of applicable law about the property relation of international non-marital cohabitation, should also be taken into account. In other words, such applicable law’s selective mechanism should be a comprehensive concept which take the confirmation of jurisdiction as premise, combine method and regulation to formalize a method system of selective mechanism with Hierarchical which is flexible as well as objective, definite as well as distributed, insisting on both the righteous of conflict law and entity value as the core, and use the scientific selection of point of contact as the most important content. The whole paper will discuss the theme from five parts, the introduction is mainly introduce the study significance of this proposal, define the study scope, briefly state the research foundation in this field, propose this paper’s main idea and innovations, and introduce the research method finally. Firstly, it emphasized the legal conflict aroused from the international non-marital cohabitation, states its manifestation, current situation of selective mechanism and necessity of construction of it. Secondly, it made the discussion about the question that confirming applicable law about property relation of international non-marital cohabitation in accordance with "the Processing Mode of Jurisdiction". On the basis of introducing the principle and foundation of confirming litigation jurisdiction of international non-marital cohabitation property cases, I making a further study on the applicable law (Lex Fori i.e.) according to the Processing Mode of Jurisdiction, Thirdly, it made a systematic statement on another method of applicable law-"the Processing Mode of Conflict Law". It states the confirmation of point of contact of international non-marital cohabitation, the experience of confirming the applicable law according to "the Processing Mode of Conflict Law" in the related property relation, the applicable law confirmation method of international non-marital cohabitation by choosing method of conflict law, and other related points to it. Lastly, it is the conclusion part of this essay. It sets forth the above mentioned two methods’application in our country, then put forward the guiding ideology and legislation suggestion of building up the selection mechanism of applicable law of international non-marital cohabitation in our country, and drafts the proposed clause.