To Discuss The Protection Of DE Facto Marriage

Chinese traditional wedding ceremony is to be held up as marriage, but after the liberation of our country to implement a single marriage registration system, even though the law in line with the years, but the people, especially in remote rural areas, there are still de facto marriage. De facto marriage, which are consistent with the substance of the elements of marriage between men and women is not the case for marriage registration, living together as husband and wife, and in the marriage relationship is formed on the appearance of an objective form of marriage. We should recognize the fact that marriage is a line with the social concept of marriage and marriage legislation in essence fit the spirit of the marital status. Since the influence of traditional social customs, marriage registration system is not perfect and other reasons, the fact that marriage is also a large number of our current existence, we must take the appropriate legal means to regulate. Paper is divided into four parts were discussed.The first part describes the basic theory of de facto marriage. First analyzes the connotation of de facto marriage, namely the fact that the marriage, which are consistent with the substance of the elements of marriage between men and women is not the case for marriage registration, living together as husband and wife, and in the marriage relationship is formed on the exterior of objective forms of marriage. And the fact that the nature of marriage is defined as:the fact that marriage is a line with the social concept of marriage and marriage legislation in essence fit the spirit of the marital status. Final analysis of the characteristics of de facto marriage.The second part discusses the existence of de facto marriage marital status as well as the fact that the legislative evolution. First introduced China’s current existence of de facto marriage status, and its causes, analyzed. Secondly, the fact that our founding Legislation marriage the history of the sort. And the fact that our marriage legislation guiding ideology and effectiveness of the existing law on de facto marriage legislative provisions have been reviewed.The third section describes the civil law and common law on de facto marriage legislation. Focuses on the inner edge of the marriage system in Japan. Through comparative analysis found that foreign legal effect of treating facto marriage took a more cautious attitude toward the recognition of the fact that the overall direction of the legal effect of marriage. This country can play an important reference.The fourth part discusses the fact that the legal effect of marriage. The fact that we in the design of legal regulation of marriage rules, to adhere to the order, justice, legal value, such as multiple criteria, and compliance with the rule of law as a measure of fairness and justice are the ultimate scientific criteria. Legislation should recognize the fact that the marriage of the legal validity of the marriage and the fact that standard, the lack of the elements of the legal effect of the fact that marriage to make specific provisions.