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The Format Criterion Of Master Degree Thesis Of SWUPL

Posted on:2010-12-29Degree:MasterType:Thesis
Country:ChinaCandidate:M LiFull Text:PDF
GTID:2166360275960661Subject:Law
Abstract/Summary:PDF Full Text Request
Since the mid-and late 80s of last century, with China's socio-economic development as well as changes in the concept of thought, China is experiencing an unprecedented marriage of the challenges. With the non-marital cohabitation increasing, showing an upward trend year after year, more and more people agree with and adopt the lifestyle of non-marital cohabitation. However, China's law on non-marital cohabitation status is basically in a vacuum, and a large of non-marital cohabitants are wandering outside the law. In 1989 the "People's Court Supreme People's Court 's decision regarding cohabitation is one of the main legal regulation, which, however, regulate the non-marital cohabitation's personal, property disputes roughly. The law's nature imcomplete has led to different decisions on the same or similar non-marital cohabitation cases, which seriously damages the fairness and authority of the law system. Therefore, there is a need for the law of non-marital cohabitation to make the detailed requirements for reunification.The full text is divided into three parts, which is introduction, body, conclusion as follows:The first part : dispute between Wang and Lee agaist " the compensation agreement arising out of upbreaking". first of all, the writer discuss this case on basis of the theory of contract and infringement of this theory to legal analysis.Then, the writer puts out the legal questions naturely.The second part focuses on the theory of non-marital cohabitation. This paper defines the concept of non-marital cohabitation and analysize its legal features, and excludes from the non-marital cohabitation between the homosexuals before summarizing non-marital cohabitation law system in China and its shortcomings. In the study of non-marital cohabitation of the foreign legal theory and legislative provisions, the author holds that the laws for non-marital cohabitation in China should not turn a blind eye and this issue should be taken to the reasonable legislative model.The third part is on the non-marital cohabitation contract. China's laws on non-marital cohabitation agreement say nothing. In view of non-marital cohabitation and the importance of the specificity of the agreement, this paper will make it as a separate part. this paper focuses on the reality of forming non-marital cohabitation agreement before the analysis of the effectiveness of this contract law, as well as the factors that influence the effectiveness of the contract to do a full legal analysis.The fourth part of the non-marital cohabitation perfect legislation. Through the study of comparative law approach, this paper puts out the specific design of the regulation on non-marital cohabitation. The law should protect partly the personal relationship. Agreement by and between the parties should precede the regulations. The law should offer the limited request for the maintenance and the limited inheritance between cohabitants. The laws should stand for the principle of the minimum of intevention in the terminantion of non-marital cohabitation system...
Keywords/Search Tags:non-marital cohabitation, the non-marital cohabitation agreement, the legislation perfect
PDF Full Text Request
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