The Research Of Non-marital Cohabitation Legal Issues

The relationships between the phenomenon of unmarried cohabitation and the existing family under the laws is not only corresponding, but also accompanied by coexistence, so the social phenomenon of unmarried cohabitation should not be ignored. Now the phenomenon of unmarried cohabitation has become an accepting state by default. However, Unmarried cohabitation-this new mode has both advantages and disadvantages. Unmarried cohabitation relationship brings people both convenient and problems. This paper mainly focuses on the study of unmarried cohabitation to do a little for the unmarried cohabitation system in China by the study of unmarried cohabitation related theory, drawing lessons from the world within the scope of the present situation of the unmarried cohabitation.Regard the generation and development of unmarried cohabitation as the breakthrough point, the research methods of this article are mainly process research, comparative research and literature study, analyzing the unmarried cohabitation of legal issues logically and based on the analysis of such problems original ideas and solutions have been put forward. Based on the concept and constituent elements of the unmarried cohabitation and the analysis of the nature and necessity, there are some new viewpoints about the concept of unmarried cohabitation. Based on the contrast on unmarried cohabitation home and abroad and the law and regulations of the unmarried cohabitation abroad, I reveal diversified and standard trend of the unmarried cohabitation development. Based on the legal issues caused by the unmarried cohabitation in our country, I put forward the legal difficulties in our country caused by the unmarried cohabitation in mainly legislative and judicial level. By studying the foreign laws and institutions of unmarried cohabitation I put forward the legal norms of unmarried cohabitation in our country: I bring in value neutrality principle, the principle of special legislation and system based on the fact in our country, and more detailed legislation strategy in the establishment effectiveness, remove and consequences of the unmarried cohabitation.The article is divided into five parts:The first part: introduction. I mainly expounds the background and significance of topics and points out the reasons for concerned with the problem of unmarried cohabitation in today’s China from the aspects of theory.The second part: the relevant theories of unmarried cohabitation. This part based on the classification and properties of unmarried cohabitation and part of contrast research, I define unmarried cohabitation, analyzed the necessity and the similarities and differences between related concepts of unmarried cohabitation.The third part: comparing and drawing lessons from the foreign system of unmarried cohabitation. This part introduces the development situation of unmarried cohabitation abroad, thus summarizes the results of the study, and indicates that the development trend of unmarried cohabitation in the current world.The fourth part: today unmarried cohabitation’s problem in China. This part mainly with reference to foreign legislation, summarized the defects of legislation and the judicial aspect of the domestic unmarried cohabitation and put forward the main legal problems of domestic unmarried cohabitation in practice.The fifth part: the general idea to construct system of unmarried cohabitation in our country. I Point out the legal principle, legislative ideas and concrete implementation ways our country can draw lessons from in the process of unmarried cohabitation standardization.