On The Institutional Arrangement Of DE Fact Marriage And Non-marital Cohabitation

The rapid development of industrialization has led to the constant change of traditional concepts and marriage views,and the steady connection between marriage and family has been gradually disintegrated.Since the mid and late 196 s,the phenomenon of non-marital cohabitation and actual marriage has existed and presented a growing trend."Around the world,the diversity of marriage relationships is irreversible,the number of non-traditional families is increasing,and non-marital cohabitation,even same-sex cohabitation,exists in many countries." the marriage law revised in 21 has no legal norms for the common social phenomenon of cohabitation,and the concept of DE fact marriage does not exist in the current legal provisions,but there are many legal problems,especially in cohabitation and DE fact marriage where the rights of the woman cannot be effectively protected."The occurrence and development of such phenomena do not depend on the will of human beings.In order to stabilize social relations,it is necessary for the law to stipulate the rights and obligations between the parties in non-marital cohabitation.[2]therefore,it is of great theoretical and practical significance for the implementation and further improvement of the marriage law to study and solve the problems of marriage,non-marital cohabitation and factual marriage in China's marriage system.Through the study and analysis of the legislative and judicial status of the system of DE fact marriage and DE fact marriage,it is clear that the system of DE fact marriage and DE fact marriage have some defects and loopholes in the legislation and judicature.For example,in terms of legislation,China's legislative attitude towards non-marital cohabitation and DE fact marriage is still unclear,even from the perspective of legislation technology.In the judicial aspect,the phenomenon of "different judgment in the same case" in cases of non-marital cohabitation and actual marriage and the insufficient judicial relief for vulnerable groups have become the unstable factors of the society.For these problems,we first of all effectively protect the legal rights and interests of the parties from the institutional design,which is conducive to maintaining social stability.In addition to literature review and conclusion,this paper is divided into five parts:The first part,mainly explained the fact marriage and unmarried cohabitation of the two basic theoretical knowledge,and from the conception,characteristic and recognition of their respective standards,analyses the similarities and differences to understand the fact marriage and the concept of unmarried cohabitation.The second part,mainly introduces the various countries the current marriage law degree of recognition of the fact marriage and unmarried cohabitation,respectively adopt what way of fact marriage and regulation and protection of unmarried cohabitation.The third part,discusses the advantages and disadvantages of different marriage systems,the feasibility of the unitary and dualistic systems in China,and how to apply the unitary and dualistic systems.The fourth part from our country's current legislation,respectively from the legislative and practical level of the deficiencies,a profound analysis of the current arrangement of the two defects,find the entry point to improve our marriage system.The fifth part discusses the legal and social basis of China's non-marital cohabitation monism,the clear conditions in the application of non-marital cohabitation monism,and measures from various aspects to make the non-marital cohabitation monism can be applied in practice.