On The Legal Issues Of Non-marriage Cohabitation

The phenomenon of non-marriage cohabitation has existed since ancient times. But since 1960's, it has become booming in the world, specially in the Western. These countries' attitude of non-marriage cohabitation has experienced a long process, from the opposition to the admission. And finally, they generally started to use the law to adjust it. And since 1990's, non-marriage cohabitation has become popular in China. But by the influence of the traditional morality and the value orientation of the marriage law, China avoids facing the non-marriage cohabitation, so there is not any legislation to adjust it rationally. However, like the situation in other countries, the avoidance can't reduce this phenomenon, the only result is that the problems which are caused by the non-marriage cohabitation can't be resolved, and then, more problems would be caused. In view of the discussion above, considered of the building of harmonious society and borrowed the foreign experiences, China should establish a legal mechanism to adjust the non-marriage cohabitation.This thesis includes four parts altogether.Part I :It explains the basic theory about non-marriage cohabitation, includes the nature and concept. First, according with the nature of marriage, non-marriage cohabitation is regarded as factual action. Then after compared the foreign definition of non-marriage cohabitation and domestic scholars' major point about it, this thesis defined the non-marriage cohabitation as a steady and long-drawn living community which is formed by unmarried man and woman who are not psychopaths and at least 18 years old. And also we compared the definition of non-marriage cohabitation with some related concepts.Part II :It analyses the reasons about the adjustment of non-marriage cohabitation. First, reasons about the rise of non-marriage cohabitation explained that the non-marriage cohabitation has its realistic foundation. Then, after analyze the methods of adjustment; it was found that the non-marriage cohabitation needs to be adjusted by law. At last, it shows the rationality of the adjustment by analyzing the legal value of adjustment of non-marriage cohabitation.Part III:It's the choice of the legislative model about non-marriage cohabitation. Though many countries adjust non-marriage cohabitation positively, there are only tow models of adjusting: named the Contractual Model and the Status Model. And the Status Model is divided into tow models too, including the Registered Partnership Model and the Factual Partnership Model. After introducing and appraising each kind of models, the conclusion goes to that: China should choose the Factual Partnership Model by considering the concrete national conditions.Part IV:It shows some measures for the adjustment of non-marriage cohabitation in China. The first is about the principle of the adjustment, includes the Differential Treatment Principle and the Value Neutrality Principle. The second is about the object of adjustment, namely, the relationship of non-marriage cohabitation which has two conditions to recognize it: subject and manifestation. And then, it shows the contents about the adjustment, including the Personal Relationship and the Property Relationship. At last, it's the legal issues about the ending of the non-marriage cohabitation.