| Non marital cohabitation has long been suppressed by society,censured by morality and prohibited by law.However,with the development of economy and culture,the change of ideas and life style,and the acceleration of population flow,since the 1960s,the attitude of western countries towards non marital cohabitation has gradually changed from prohibition to recognition and restriction,protection and even legislation to regulate non marital cohabitation Phenomenon.Since the 1990s,the phenomenon of non marriage cohabitation has been increasing in China.The non marriage cohabitants have both energetic young people and silver haired old people.From prosperous towns to remote rural areas,non marriage cohabitation has become a new form of family.However,China has taken a relatively indifferent attitude towards this situation,and has not established a perfect legal system to regulate it,only aiming at conformity with the law Some judicial interpretations have been issued by the non marital cohabitants under the condition of factual marriage,but these judicial interpretations do not clearly stipulate the rights and obligations of the non marital cohabitants during the period of cohabitation and after the end of the relationship,which makes it difficult to effectively solve the problems of property disputes and unclear personal relationship between the non marital cohabitants,especially the rights and interests of the vulnerable party in the non marital cohabitation cannot be well protected Protect.The author believes that on the basis of fully affirming the priority of marriage protection,we should recognize a new type of family relationship of heterosexual non marital cohabitants,and regulate the heterosexual non marital cohabitants.This paper first analyzes the different meanings of cohabitation,and points out that the meaning of non marital cohabitation discussed in this paper refers to the cohabitation outside the marriage of the opposite sex,that is,two opposite sex adults who have no spouse do not register for marriage and live together continuously.By studying the different ways of expression of non marital cohabitation in different countries and the definition of non marital cohabitation by many scholars in China,the characteristics of non marital cohabitation are summarized.It also compares the concept of non marital cohabitation with that of factual marriage,illegal cohabitation,cohabitation and trial marriage,and finds the differences between them.Secondly,it introduces the current situation and problems of non marital cohabitation in China.This paper analyzes the current situation of non marital cohabitation in China through different classification methods,and inquires the relevant data of non marital cohabitation cases in China’s judicial document network and G court.On this basis,it summarizes the characteristics of the number of non marital cohabitation cases in China is small,the rate of transfer and withdrawal is high,the plaintiff is mostly female,and the proportion of custody disputes of children in non marital cohabitation is large,and finds out that non marital cohabitation cases in China are large On the other hand,there are some problems,such as unclear personal relationship,difficult division of property problems,and difficult protection of the rights and interests of the weak.Then it introduces the legal systems of non marital cohabitation in the United States,Britain,France and other countries,and summarizes that there are four foreign legislative models,which are the cohabitation registration system equivalent to marriage,the cohabitation non registration system equivalent to cohabitation marriage,the cohabitation registration system different from marriage,and the cohabitation non registration system different from marriage.In the end,the author points out that the principles of the construction of the non marital cohabitation system in China include the principle of guaranteeing the autonomy of the will of unmarried cohabitants,the principle of differential treatment and the principle of the best interests of the minor children.The legislative model should adopt the non registration system different from marriage,and recognize the effect of the Cohabitation Contract,and put forward some specific suggestions,such as pointing out the conditions of the establishment of the non marital cohabitation relationship,and clarifying the relationship between the non marital cohabitants Personal relationship,the establishment of a suitable property system for non marital cohabitation,while paying attention to protect the interests of the minor children of non marital cohabitants. |
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