Study On The Protection Of Female Rights And Interests In The Unmarried Cohabitation

Today, getting marriage is becoming more and more difficult. In the daywhen love become more and more treasured, it become more and more difficultfor us to get an appropriate spouse for ourselves; even if we could get one,therewould still be many difficulties such as distance, financial condition and so on.Marriage becomes not as attractive as the old days, and there even exist a lot ofpeople called "fear of marriage family", which is a crowd that fears of marriage.As for the reasons of the kind of fear, there are a great many, somebody areinfluenced by the traditional idea that marriage means the responsibility, and theydo not want to bear this kind of responsibility. And some people want to be morefree,but marriage will bring people more constraints.And other "fear of marriagefamily" hate marriage because they or their spouses have more higher requires ofthe economic conditions,and at the same time,because of the increasing of thepressure of economy,life, and the costs of child rearing. In a word,at present, it isan objective fact that marriage is becoming less and less attractive and it makes apart of people feel fear. Compared with the "fear of marriage family", there existsa "fear of unmarriage family".Mostly they are the elder relatives who worryabout the situation that young people are ummarried or can not be married at thereasonable age, And their behaviors of forcing getting marriage make the youngones more fear of marriage.Compared with the phenomenon that getting marriage is becoming moreand more difficult, the rate of divorcing is increasing rapidly. There are statisticsshow that in the past thirty years, the rate of divorce has upward sharply, and thistrend shows that marriage is not so stable as the old days and people becomefarther and farther from marriage. Families which are set up through marriageseems not perfect any more. And the reasons why it becomes that is that with thechange of our sociality and economy, individualism is praised highly and peoplepursuit the individual’s free life style,;besides, the traditional family life is also moving towards the direction of diversification;what’s more, the restriction oftraditional moral values onto people is less and less, The sacred feeling tomarriage and family continues to decline, the whole sociality and people havealso become more tolerant toward unmarriage phenomenons.Despite of the difficulties to get married and the high divorce rate nowdays,people’s pursuit of and yearn for warm family have never changed.As the mostbasic form to compose families, marriage’s attraction is decreasing,and noteveryone will agree with it.Then some smart people obtain the family meetthrough another form, which is unmarried cohabitation. The trend of unmarriedcohabitation was started from the sixty’s of the last century from Europe andNorth America to the whole world, through which people live together withoutgetting marriage.And this new way of life is very popular between young people.When our country did not practice market economy,the communication withother countries is infrequent, and people’s ideas are also conservative,socohabitation without marrigae is not common. But along with the establishmentand development of market economy and the closer communication with foreign,our people’s thoughts and way of life are more and more open,and thephenomenon of the unmarried cohabitation has appeared in ourcountry.Nowadays, the phenomenon of cohabitation is not a regional,but hasbecome a social phenomenon.Cohabitation, which literally means living together, has manymeanings,And as a social phenomenon,cohabitation means unmarriedcohabitation,which is that a man and a woman live together without marriageregistration. At present the phenomenon and behavior of cohabitation are largelyrefers to this kind of cohabitation. In real life, the unmarried cohabitationbehavior can be judged from the appearance, but it may not be that accurate.Andin the legal level, the unmarried cohabitation can not be identified easily throughsome representations, or in other words,the unmarried cohabitation in law is moreserious and strict.The reason is that in the daily life the understanding of the unmarried cohabitation through the appearances may be sensible, and contrarilyto determine whether the behaviors are the behaviors of the unmarriedcohabitation in law will need use the rational thought.For example,there are aman and a woman who did not get married,and during a certain period of timethe woman went to the city where the man stayed and lived together with the man,and they even cooked and eated together, but she only stayed for weeks andleft.In real life,it may be able to be accepted as the behavior of the unmarriedcohabitation.But in the law, whether it is belong to the unmarried cohabitation isworth considered,because this might just be a behavior of staying overnights.The phenomenon of unmarried cohabitation appeared with the developmentof the times. And the attitude of our country’s law towards the behavior ofcohabitation withoutmarriage is not consistent, which has changed manytimes.At first aimed at taking care of the retained old society reality,if the manand woman who cohabit together meet the substantial conditions of marriage,thelaw will admit their cohabitation acts constitute a de facto marriage and will treatand protect it as a valid marriage.And along with our country’s legal system andthe marriage registration system’s improvin, our country’s law’s attitude changesfrom treating the cohabitations without marriage as de facto marriages to beingmore strict in accordance with the provisions of the marriage law.If thecohabitation does not conform the strict conditions of the de facto marriage inthe law,it will treated as illegal cohabitation and get criticism or civil sanctions.After that, because the promulgation of the "marriage registration regulations" bythe Civil Affairs Department which largely standardizes our marriage registrationsystem, our country’s law takes absolute denial attitude toward the behavior ofunmarried cohabitation. However along with the further improvement of law,people’s rights to choose their own ways of living are more respected.And theattitude to the unmarried cohabitation changes to taking the "no sanctions, notprotection, non intervention" policy, which can be regarded as a progress of thelegal system, but it is not perfect. The unmarried cohabitation is spread in the policy environment of the "nosanctions, not protection, non intervention". It is said that the progress of thelegal system is not perfect,because in the conflicts and disputes casued byunmarried cohabitation, female rights and interests have not had sufficientattention and protection. In the modern society,law such as the Constitution andother laws both have emphasized the special protection of female rights andinterests,.however, we think the current law on the unmarried cohabitation, is notenough,which failed to reach for the special protection of female rights andinterests,and in fact the women is more vulnerable in this kind of system andarrangement.In the modern society,law have given women more protection because oftaking biology,sociology and law into consideration.But the protection is not thelaw’s gifts or the men’s mercy, but is the requirement of the legal civilization andthe human’s natural rights and aiso the result of the women’s struggles, as well asthe result of the development of legal civilization and social fairness. It shouldbe said that our legal system has made great efforts to and obtained achievementfrom the protection of female rights and interests, for example,the aspect ofmarriage and family.And women’s role in society has got great progress, whichare closely related to China’s legal system. However, because of the legalsystem’s hysteretic nature, the protection of female rights and interests in theunmarried cohabitation is not enough. In the case of the unmarried cohabitation,because of lacking the protection of marriage and family relations, women’srights are more easily to be exposed to illegal infringement and suffere manydamage without help. This is not just a speculation or a special case, but a realityand a common phenomenon. Since in biology, sociology, law and economicsperspective there exist plenty of reasons for the protection of women’s rights,then, As to the situation of unmarried cohabitation, in which female rights andinterests are more vulnerable to infringement, there are even more reasons toprovide more comprehensive protection of modern society to these weak. But the grim reality is that in the disputes of unmarried cohabitation, it is very difficultfor women to get basic protection,and not to mention to get the specialprotection.With the development of the times and the society, then, it is believed thatour society will take measures to protect female rights and interests,in which themost effective one is to protect them in law. As stated above, as a socialphenomenon, unmarried cohabitation was spread from Europe and NorthAmerica to the whole world, and countries in the progress of handling disputesarising from the unmarried cohabitation have formed many cases or madespecial laws. Since unmarried cohabitation is common in modern countries as away of life,and countries’ protections to the female rights and interests existsome common points as well, the other countries’ system and measures can giveus some enlightenment and experience on the protection for women. Of course,this enlightenment and experience also need to be localized, if we want to protectfemale rights and interests in the unmarried cohabitation, we should fullyconsider the China’s existing system flaws and legal systems.In the aspect of the relief measures to protect the rights of women in theunmarried cohabitation, we think it is necessary to establish a legal system of theunmarried cohabitation, which is not only the need of the autonomy of privatelaw and our legal system, but also result of the feminism’s popularation, marriagemorality’s changing and the necessary requirement of our country’s marriage andfamily gradually diversified development. In addition, legal recognition ofunmarried cohabitation contract, giving women the independent decision-makingright, strengthening the protection of unmarried cohabitation female’s bodyright,and property right, and giving the parties the right of identity are all goodexplorations and methods in the protection of female rights and interests in theunmarried cohabitation.The law should embody fairness and justice.In the situation where thephenomenon and disputes of unmarried cohabitation are growing fastly, and female rights and interests can not be effectively protected, the law should not topay no heed or see not fu."Those who hold different conceptions of justicecan,then,still agree that institutions are just when no arbitrary distinctions aremade between persons in the assigning of basic and duties and when the rulesdetermine a proper balance between competing claims to the advantages of sociallife." We hope that, in our country,with the phenomenon and disputes of theunmarried cohabitation is increasing, the protection of female rights and interestsand the justice system can make the conflicts in the unmarried cohabitationmore appropriate balanced.