On The Constitution Of Non-marriage Cohabitation Legal System

Non-marriage cohabitation as a social presence is not unique to modern society. However, people in different estate has different attitude to non-marriage cohabitation. In traditional society, non-marriage cohabitant not only suffer stern condemn from community morality, but also is likely to be confronted with severe legal punishment. Now, along with the number of non-marriage cohabitant increasing steadily, several countries begin to change their conventional attitude, and they enact to modulate non-marriage cohabitaion. Since 1997, many cities in the United States have constituted a"cohabiting partner relations act"to protect non-marriage cohabitation conditionaly. The French government promulgated a law in January of 2000, prescribing cohabiting companion can register a kind of new family relation, allowing cohabitant to enjoy some rightses and responsibilities that isomerism husband and wife own. In Germany, non-marriage cohabitation is legal. The law of the Sweden not only admits marriage relationship, also admits the non-marriage cohabitation relationship, affording different redress method. Nevertheless, the marriage law promulgated in 2001 by our country give a blind eye to non-marriage cohabitation. In China, there is widespread non-marriage cohabitation, which occurs among all social strata. Although the traditional ethics and the cultural background in our country did not provide the feat social milieu, the people still give the non- marriage cohabitation more and more catholicity. At the present time, the non-marriage cohabitation have already become the society actuality that can't be obviated or difficult to be estopped. At the same time, a great deal of existence of the non-marriage cohabitation also brought many social problems, those are already to outrun the morals evaluation scope. The change of the law derives from the variety of the society actuality, and in a civilized society, the every change in the relations between men and women need to be moored by using the legal system. Our country should take action responding to non-marriage cohabitation in time, and regulate it by lawmaking.The thesis is divided into four parts altogether.The first part intends to analyse the necessity of constituting non-marriage cohabitation system, it mainly discusses three issues together. Firstly, it analyses the rationality of the non-marriage cohabitation from different angle of view. From a sociological point of view, the phenomenon of non-marriage cohabitation has its rationality in the reality. The Natural Individualism and Non-moral Theory and Family Function Concentation Theory is accepted by people gradually from the doctrine, and provides the theoretical support to non-marriage cohabitation. From the economic point of view, the reduce of the moral and economy cost also finds out the rationality for the non-marriage cohabitation. From the point of view of jurisprudence, the principle of right standard give the freedom to the non-marriage cohabitant. Secondly,the author analyse mainly the reality of non-marriage cohabitation, and points out non-marriage cohabitation has the advantage that marriage can not compare with on the one hand , on the other hand it also has the disadvantages. For protecting personal rights and stablizing society relation, non-marriage cohabitation should be regulated by the law. Thirdly, the author points that the present law about non-marriaage cohabitation in our country have many shortages.The second part analyses the feasibility of constituting non-marriage cohabitation system, it mainly discusses two issues together. The first one , seeing from Individual Autonomy Right Theory, non-marriage cohabitation system incarnates the respect and protection of the right of individual family autonomy, and seeing from the human rights principle of the constitution, the non-marriage cohabitation system incarnates the respect and the protection of the weaker human rights. The second one, the author indicates the existence of a great lot of non-marriage family in reality is the soil in which the non- marriage cohabitation law system may exist. Then, the author analyses the non-marriage cohabitation law adopts the one-way law in form is viable, and that will not deny the predominant position of marriage.The third part mainly investigates and uses for reference the non-marriage cohabitation system of other nations, including two issues. The author firstly investigates legal regulation on non-marriage cohabitation in Britain,U.S.A.,France,Germany,Japan, Sweden ,etc ,then discusses the reference meaning in which these legal regulation to the legislation in our country. We should refer to the legislation of the above countries that have made a more exhaustive study into the non-marriage cohabitation system, and carry on legal regulation on non-marriage cohabitation in our country. British and American actively responds to people's requirement in real life, and changes with the development of principle of times. This kind of attitude is worthy of our study. In France, the law makes a difference between cohabitation relation and marriage relation, and there is one whole set of independent rule system regulating non-marriage cohabitation, which is good for differentiating non-marriage cohabitation and traditional marriage in China.The fourth part is about to design non-marriage cohabitation system of our country, it mainly discusses two issues. The first issue is the principle of legislation about non-marriage cohabitation in our country, we should follow the Value Non-interference Principle, the Discrimination Treatment Principle, Contract Regulation Principle and Protection and Pompensation Principle when we carry on the legal regulation to non-marriage cohabitation. The second issue is the main content of non-marriage cohabitation system. It mainly discusses legal adjustment on non-marriage cohabitation of our country from four aspects including the definition and composing items of the non-marriage cohabitation, the legal effectiveness between the two cohabitants, the termination of non-marriage cohabitation and salvation measure and legal responsibility.The author discusses the main problems about establishing the non-marriage cohabitation system by means of legal history analysis, comparative analysis, etc, and also proposes some own standpoints. The paper's innovation is mainly some update of the viewpoint.