The Construction Of China’s Non-marital Cohabitation Legal System

Non-marital cohabitation living together as a two, together with the marriage, long-term co-exist, but in the1960s, the presence of this reality has been subject to social exclusion, the denial of moral condemnation and legal. With China’s rapid economic development and social progress, the end of the20th century, China began to appear non-marital cohabitation, but our non-marital cohabitation legislation is essentially a blank state, the rights of non-marital cohabitation is difficult to be guaranteed, the resulting social disputes can not be effectively resolved.Development inherent in the social causes of non-marital cohabitation, and will not reduce the withdrawal of the legal and popular in a large number of today’s non-marital cohabitation, public attitude gradually tolerant, non-marital cohabitation legislation in our country it isis necessary is also feasible. In this paper, comparison, analysis, trying to find the non-marital cohabitation from the non-marital cohabitation status quo, a comparative study and proposed learn from national legislation, demonstrated the necessity of the construction of non-marital cohabitation legal system in China, and combined with the civil law Code, the drafting of legislative proposals and the specific legislative provisions.The paper is divided into four parts, around thirty five thousand words.The first part is non-marital cohabitation concept elaboration. The part of the first were made for the concept of "non-marital" and "cohabitation" a detailed explanation to explain the concept, followed by "non-marital cohabitation" and academics on the concept of the controversy were summarized and analyzed, from the broad and narrow point of view put forward the concept of non-marital cohabitation, and pointed out that the essence of non-marital cohabitation.The second part is the status and resolution of the non-marital cohabitation in China. This section first describes the development of non-marital cohabitation in China, mainly through the side of cohabitation data and the author questionnaire to explain. Followed by analysis of China’s non-marital cohabitation generalized economic and social reasons. Evaluation of non-marital cohabitation, primarily from the advantages and disadvantages of enumerated powers, and to put forward their view that non-marital cohabitation as a lifestyle choice, and should respect the rights of freedom of choice, they do not endanger public interests should be respected.The third part is the contrast of Chinese and foreign non-marital cohabitation legal system and learn. This section first describes the history and current status of non-marital cohabitation legislation in the United States, France and other countries. Countries of the United States as federal case law, non-marital cohabitation legislation mainly to State Legislatures, jurisprudence is the main form. The gradual recognition of the modern U.S. law and the protection of non-marital cohabitation, the majority of states recognize the effectiveness of the cohabitation contract, some states have adopted the "general relations" and "domestic partnership" legislation gives cohabitants identity relationship. Britain and the United States, has experienced an extremely conservative phase, France,"the close relationship between civil agreements and cohabitation into the Civil Code, non-marital cohabitation has taken the implied attitude, does not protect any form of impunity. The close relationship between civil agreements and cohabitation "the PACS after the entry into force, France has entered a new era of non-marital cohabitation legislation.Followed by adjustment model for national laws on non-marital cohabitation and the specific content of the overall general analysis. Major adjustment mode to adjust the two modes, the adjustment is divided into the identity and relationship to registration and registration, equivalent to the pattern of marriage and unequal marriage to the relationship between the contract and the identity, and various models were evaluated. The specific content of the conclusion of the countries on non-marital cohabitation relationship, the specific provisions of the termination of the effectiveness of overview.Finally, the current non-marital cohabitation described, compared to the differences, and to propose specific reference.The last Part is constructed of non-marital cohabitation legal system and give some recommendations. In part through the differences and learn from in front of the Chinese and foreign non-marital cohabitation system, the first argument of the intrinsic value of the necessity and feasibility of the establishment of non-marital cohabitation legal system in China, non-marital cohabitation system embodied in the law of freedom, justice and order and the establishment of a non-marital cohabitation system fit. Secondly, proposed the construction of non-marital cohabitation system should adhere to the principle of freedom of contract principle of value neutrality and the protection of the weak to regulate. Finally, specific recommendations on non-marital cohabitation legislation, including legislative mode selection, the specific design of the system and the recommendations of the legislative provisions; Civil Code, the drafting of the promulgation of opportunity seeks to combine into one non-marital cohabitation system.