Font Size: a A A

Study On The Legislation Of Non-marital Cohabitation

Posted on:2019-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:G Z ZhaoFull Text:PDF
GTID:2416330551961095Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Combining the starting time and development trend of non-marital cohabitation abroad,China started late in the field of non-marital cohabitation,lacking integrity and systemicity,and only conducted analysis based on the more mature foreign the oretical research.However,with the change of social concepts and ideas,non-marital cohabitation has become a social phenomenon that cannot be ignored.This paper analyzes the status quo and problems of non-marital cohabitation in China,sums up the research results of non-marital cohabitation systems in various countries,and explores their shortcomings.Based on experience,this paper provides relevant recommendations for China's non-marital cohabitation system and contributes to the theoretical study of non-marital cohabitation systems.This paper is divided into four parts,the "concept-analysis of foreign legislation-Analysis of Legislation-Improvement of legislation" research ideas unfold.In the first part,we will learn about the types of non-marital cohabitation and the status quo of development in our country by sorting out cases.Then through the analysis of other concepts,we can further understand the concept of non-marital cohabitation.The author believes that the concept of non-marital cohabitation is full of civil capacity.The unmarried opposite parties,both parties,jointly maintain a stable and open life based on the common life.The second part,introduces the development status of non-marital cohabitation in countries around the world,and focuses on studying the property systems of various countries.From this,it draws lessons from the development of our country's legislative system.Most countries' attitudes towards non-marriage cohabitation have gone through an initial evasion,Refused to the final acceptance,affirmation.The article summarizes the legislative model and the property system,and studies the reference significance for China.Although the traditional history of marriage and family in China does not change as much as in western countries for more than a decade,it is similar to Western countries in the development trend.Therefore,foreign exploration in the system of non-marital cohabitation is a forward-looking and reference for our country.The third part,elaborates on China's legislation on non-marital cohabitation,reviews the deficiencies in legislation,and applies the problems encountered in judicial practice.At present,China does not have laws that specifically regulate such relations and can only be dealt with in accordance with relevant laws and judicial interpretations.The fourth part,discusses the necessity and rationality of the legislation of China's non-marital cohabitation property system,and puts forward relevant recommendations and specific institutional design.Judging from the legislative content of various countries,most of the parent-child relations are mostly compulsory,emphasizing parental responsibility and protecting children's best interests.The principle should also be reflected in the non-marital cohabitation system in China.In addition,unlike personal relationships,which occupies a dominant position in marriage,property relations depend on personal relations.In non-marital cohabitation relations,personal relationships are weakened and property relations become the top priority.
Keywords/Search Tags:non-marital cohabitation, legislative model, property system
PDF Full Text Request
Related items