| The phenomenon of non-marriage cohabitation is on the rise gradually since it rose in the sixties of the 20th century;it has already become a kind of life style that men and women have inhabited together besides marriage at present. There are deep reasons of politics, economy and social mentality behind this phenomenon, it has realistic rationality. In the eyes of the laws of foreign countries, the laws on the non-marriage cohabitation have already turned from forbiddance, limitedness to maintenance and protection abroad, turning from single adjustment of legal status of non-marriage child to the overall adjustment of non-marriage cohabitation. The absolute quantity of the colony of non-marriage cohabitation in our country comes up to a large number, and a series of legal disputes around the issue of non-marriage cohabitation come into being. But, the law on the non-marriage cohabitation is in blank state basically even at present in our country, and cases of non-marriage cohabitation are often dealt with according to the relevant regulations of the marriage law among judicial practices. The law turns a blind eye to non-marriage cohabitation makes it that, both legitimate rights and interests of the parties that live on tally could not get the effective legal protection on the one hand, on the other hand it makes individual solve with violence privately, as a result, the cases of the dispute on non-marriage cohabitation increase, what's more it has destroyed the civil order, and has hindered the harmonious development of the society seriously. In this paper, the author tries to make an overall argumentation on the legal regulation on the phenomenon of non-marriage cohabitation from the view of legal sociology, in order to offer some beneficial reference and suggestion to carry on legal regulation on non-marriage cohabitation. The thesis is divided into six parts altogether.The first part is the introduction. It discusses the history, current situation and trend of development of non-marriage cohabitation abroad and of our country mainly, and analyses the realistic meaning in which the problem studies. According to the related investigation data, the phenomenon of non-marriage cohabitation grows year by year since it rose in the sixties of the 20th century, and has the tendency which presents rises to develop. Because of this kindof development situation, the laws on the non-marriage cohabitation have already turned from forbiddance, limitedness to maintenance and protection abroad, turning from single adjustment of legal status of non-marriage child to the overall adjustment of non-marriage cohabitation. The legal dispute around the non-marriage cohabitation increases year by year in our country, but the newly revised Marriage Law makes no provision for the issue of non-marriage cohabitation. The legislation absence causes litigant's inequity and the difficulty in the judicature practices. The author puts forward the problem studied in this foundation: namely, will the law adjust non-marriage cohabitation? Can the law carry on the legal adjustment to non-marriage cohabitation? How does the law carry on the adjustment to non-marriage cohabitation?The second party is the summary to non-marriage cohabitation, it mainly discusses four issues altogether. Firstly, after analyzing the concepts of non-marriage cohabitation defined by numerous scholars, the author defines the concept renewedly according to the actual conditions in our country as follows: the non-marriage cohabitation is a combination of the sexes that conform to marriage essence and don't fulfill the registration of marriage legally but live together. The second is the analysis of non-marriage cohabitation, and the author points out that the phenomenon of non-marriage cohabitation has its rationality in the reality. The Natural Individualism and Non-moral Theory is accepted by people gradually from the doctrine., and provides the theoretical support to non-marriage cohabitation. In the reality, there are deep reasons of politics, economy, culture, law and so on behind this phenomenon. Thirdly, the author analyses the types of non-marriage cohabitation, and the non-marriage cohabitation is divided into non-marriage cohabitation with child and non-marriage cohabitation without child according to whether there is a child or not, and according to the public degree, the non- marriage cohabitation is divided into the public non-marriage cohabitation and hidden non-marriage cohabitation. Lastly, the important composition of non-marriage cohabitation is analyzed. In the author's opinion, non-marriage cohabitation is supposed to have conforming to the marriage essence, living together, the acceptability of non-marriage cohabitation and a certain period these four aspects.The third part is the legal regulation on non-marriage cohabitation and deficiency of our country, including three issues. The first one is the analysis of the necessity and feasibility tocarry on legal regulation on non-marriage cohabitation. There is dispute whether to carry on legal regulation on non-marriage cohabitation or not, in the author's opinion, it has its necessity to carry on legal regulation on non-marriage cohabitation, and moreover, it is feasible in the reality. The second issue is the inspection to the legal regulation on non-marriage cohabitation of our country. In our country, the law only made provision for such phenomenon of non-marriage cohabitation like de facto marriage, but it made no provision for the other two kinds of non- marriage actually. Thirdly, the author analyzes the insufficiency of the legal regulation on non-marriage cohabitation in our country, and points out that, the legal regulation on non-marriage cohabitation of our country is imperfect at present, with logic contradiction in the existence, and creates the issue like lack of unity and other issues in the civil law and criminal law.The fourth part is the foreign legislative example and enlightenment legislating to our country, including two issues. The author firstly investigates legal regulation on non-marriage cohabitation in Britain , U.S.A. , France , Germany , countries in North Europe, 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, making up the legislation blank of our country in this aspect.The fifth part is the design and conception about legal regulation on non-marriage cohabitation of our country;it mainly discusses two issues. The first issue is the principle of the legal regulation on non-marriage cohabitation in our country;we should follow the Discrimination Treatment Principle and the Value Non-interference Principle when we carry on the legal regulation to non-marriage cohabitation. The second issue is the main content of legal regulation to on-marriage cohabitation. It mainly discusses legal regulation on non-marriage cohabitation of our country from eight aspects including personal relation, common property, legacy inheriting, mutual maintenance, etc.The sixth part is the conclusion of the paper;it mainly summarizes the main train of thoughts of this paper, and emphasizes the important meaning of legal regulation on non-marriage cohabitation further. |
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