A Study On The Legal Problems Of Non - Marital Cohabitation

With the development of economy and the progress of society, the thought and behavior patterns of the public have been changed, unmarried cohabitation is growing, gradually gets everyone’s acceptance and approval. As a kind of family shape which is different from the traditional marriage and family, unmarried cohabitation is independent of the constraints of marriage and family law. What is more, our country don’t have formulated relevant laws and regulations about this subject and issued corresponding judicial interpretation, which has led to a series of practical problems to be solved. From our presence, unmarried cohabitation has brought many civil disputes:the processing of property law relations, child support relations, the study of women’s rights protection, etc. Due to the blank in the field of law, a lot of disputes have not been fairly solved.resulting in more and more tragedy staging. Laws should not disregard the actual existence of unmarried cohabitation and its derived personal legal relationship and property relationship, so timely regulation is necessary. This paper introduces the concept of unmarried cohabitation definition, presents situation and the reasons, expounds the legal problems caused by unmarried cohabitation,after the comparative study of other countries’s rules on the legal system of unmarried cohabitation,combines with the reality of our country’s national condition, puts forward the targeted measures to perfect the related legal system about our country’s unmarried cohabitation.In terms of the topic selection, I choose to take the related legislative and judicial status quo analysis of the unmarried cohabitation in our country and consider the common social problems of unmarried cohabitation.Then I demonstrate the necessity of unmarried cohabitation law regulation from jurisprudence, comparative law, sociology, economics, and other visual Angle In terms of reasoning methods, this paper uses the empirical analysis, value analysis, comparative analysis and illustrate method.The use of various reasoning methods makes the paper listed opinions more persuasive.In terms of opinions, for the existence of some defects and the insufficiency in China’s current system of unmarried cohabitation. After reading and finishing the research results of scholars and the advanced experience of foreign regulation at home and abroad, according to the reality of the unmarried cohabitation in our country I put forward own some opinions about the regulation of unmarried cohabitation in China and hope to put forward the proposal for the unmarried cohabitation legislation of our country.I hope that departments of national legislation could ensure the rights of the parties to the unmarried cohabitation through the legal regulating of the unmarried cohabitation system and promote the unmarried cohabitation of various social contradictions and the solution of the hot issues.At last, the legal system of our country can be further improved and the value of law can be realized.