Research On The Legal Regulation Of Unmarried Cohabitation

With the implementation of the reform and opening policy in 1978,China entered a new era,the country’s economy developed rapidly,the national living standards continued to improve,and people’s ideas became more open,which gradually showed a diversified development.A new form of family marriage relationship has emerged in people’s life,the marriage relationship is no longer the only bridge to family life,while the unmarried cohabitation is becoming another choice for people.And the unmarried cohabitation is becoming more and more common whether in developed cities or in backward rural areas.With the gradual spread of this phenomenon,some corresponding social problems have emerged,such as the identification of the unmarried cohabitation relationship,the property problem after the cohabitation relationship is lifted,the parent-child relationship problem,and even the inheritance problem.Currently,there is still no definite and unified laws to adjust and regulate these issues in China.This dissertation proposed that unmarried cohabitation must be legally regulated so that the legitimate rights and interests of the parties can be protected,which based on the fact that unmarried cohabitation has gradually become a common family form and it has the functions of economic maintenance and emotional dependence of marital relationships.Under the thorough discussion of domestic and foreign research on unmarried cohabitation,this thesis starts with the connotation of unmarried cohabitation,combs the concept and characteristics of unmarried cohabitation and its formal requirements,and clarifies the difference between unmarried cohabitation and other related concepts.The necessity and feasibility of regulating unmarried cohabitation relationship were discussed.Finally,some content ideas for establishing China’s unmarried cohabitation legal regulations were put forward,which combined with the practical situation of China’s unmarried cohabitation and the related legislative evolution and its shortcomings.The details are as follows,it is recommended to establish an unmarried common-law partner relationship between cohabitants under the premise of giving the parties full freedom,adhere to the principle of distinction.insist on prioritization in property relations and adopt a separate property system.In terms of parent-child relationship,the principle should be the most conducive to the protection of minors’ physical and mental health.For the right to inheritance,it is recommended to adopt restrictive inheritance rights among unmarried cohabitants.