On The De Facto Marriage

De facto marriage is a kind of marriage in our actual life objectively. From China established on, resignation system of marriage has been adopted. Since the reasons concluding the influence of old marriage custom, the thin of marriage parties' sense about the rule of law and the defect of resignation system and so on, de facto marriage exists in our country generally. It has been the focus of disputes and concerns before and after our new Marriage Law was revised. How to judge its law nature, whether to protect it have become a difficult problem which has been received the high concerns of numerous legislator. This article makes a simple introduction about de facto marriage concerning its concept,.characteristics, existing reasons and stipulating about de facto marriage in China and foreign countries, putting forward some my own superficial views on the basis of the thinking about the system of de facto marriage in our nation.Except for introduction and conclusion, the article consists of three parts, about 30,000 words.Part Ⅰ: Overview of de facto marriage. The article begins with announcing the relationship between de facto marriage with marriage establishing. Through it, we can understand that though de facto marriage is a kind of illegal marriage, it is still a kind of marriage form of the objective reality. Following it, the article defines the concept and the characteristics of de facto marriage, distinguishing de facto marriage and some legal concepts such as void marriage, marriage that can be cancelled and cohabitation. Finally, the article explains the primary reasons that de facto marriage exists in our country and analyzes the reasons simply, taking them as the foreshadowing in theory for the article launched.Part Ⅱ: Legislative examples about de facto marriage including several foreign countries and Macao. Among them, the article introduces mainly common law marriage in Great Britian and America, interior reason wedding in Japan, expecting to seek for some benefit references from theabove legislative examples in different countries: to admit and protect de facto marriage conditionally. The conditions conclude: firstly, the parties' goodwill; secondly, the number of years that de facto marriage sustains.Part III: Pondering and perfecting of the legislative examples in China. The article introduces the legislative examples of China in different periods including before and after our country established, analyzing the existing legislative example of de facto marriage in our country. I think it have two main deficiency after thinking deeply about it Firstly, it doesn't legislate tightly, so it's unfavorable to practical operation; Secondly, it doesn't correspond with our country's conditions, so it's unfavorable to protect the tights and interests of women and children, basing on it, the article designs the legislative train of thought about de facto marriage: acting law as main means of controlling de facto marriage and drafting some reasonable legal standards. In the end, I put forward some unripe legislative suggestions. The main contents are: firstly, perfecting resignation system of marriage, decreasing the occurring of the facto marriage; secondly, admitting de facto marriage conditionally.