The Legal Issue Of Unmarriage Cohabitation

In the second instance of the draft civil code in June 2019,some members proposed to include "non marital cohabitation" in the code,Such an approach makes "non marital cohabitation" a hot term,and the subsequent relevant reports of the Beijing News also attracted 290 million views.However,the third review of the final draft still cancels the provision for "cohabitation out of wedlock".In fact,the phenomenon of non marital cohabitation exists in any age group.Because the elderly belong to the vulnerable group,their rights are more easily ignored.Therefore,this paper takes the phenomenon of the elderly "supporting the aged with partners" as the starting point to discuss the setting of non marital cohabitation system in China.In order to have an understanding of the many problems involved,the author,with the help of several students,conducted a questionnaire survey on people of all ages in most areas of the north,providing data support for this study.Through typical cases,this paper analyzes the current system of cohabitation in China.Due to China's neutral attitude,"cohabitation relationship" is not a proper term at the legal level,and the system of adjusting personal relationship is in vain,so the method of handling some inheritance disputes is too simplified,and the relevant judgments of courts at all levels reflect the nature of property during cohabitation The identification is vague.It can be seen that disputes arising from judicial practice have put forward urgent needs for the legislation of non marital cohabitation.We believe that the development of society promotes the emergence of a new family model.Cohabitation model meets the basic function of "family life",that is,it emphasizes the mutual support of spirit and economy.The family structure of marriage should expand the scope of adjustment,and make provisions to determine the cohabitation relationship,so as to do timely to emerging phenomena Give legal guidance.In the specific system setting,the primary focus is to determine the personal relationship.A one-year test period can be set to consider whether the two sides have the will to continue to live together,In addition,for the property relationship,first of all,respect the legal agreement between the parties,follow the principle of "agreement takes precedence over law",and then apply the "separate property system",that is,after the dissolution of the cohabitation relationship,the personal income,fruits and natural value-added parts during the cohabitation period belong to each other.If one party makes a greater contribution to the family life,the other party shall make compensation,and it is suggested that legislation should be clear to affirm the value of housework.In our opinion,although the legislation of non marital cohabitation has been in a state of exploration in the theoretical circle of our country at present,the formulation of the law should not only focus on the voice of all walks of life,which voice is the highest,which opinion should be used to formulate the law,but should be seriously analyzed and carefully considered,solve the contradictions and problems in the society in time,form the legislative concept of keeping pace with the times,coordinate the mainstream values and protection of rights and interests in emerging issues,Self knowledge can't show the whole picture of non marital cohabitation family life,but I still hope to make modest efforts for the construction of non marital cohabitation legal system,and sincerely look forward to the theoretical research of non marital cohabitation system of our country from all walks of life of social science to a higher level.