Difficulties And Countermeasures In The Trial Of Nonmarital Cohabitation Disputes

With the development of society and the gradual opening of the concept of marriage and love,non-marital cohabitation has become increasingly popular as a new life model.Compared with the closed and restrictive nature of marriage,the openness and flexibility of non-marital cohabitation have made it more and more popular.Some people use it as a means of trial marriage,and some people use it as a substitution of marriage.Some people regard it as a mode of old-age care.Although Chinese law does not prohibit non-marital cohabitation,the legal system is almost in a blank state,making some problems unable to be resolved accordingly.Based on this problem,this paper proposes corresponding solutions for this problem starting from the legal level.The research thinking of this article is to focus on the issues related to non-marital cohabitation and how to improve the legal system.It mainly uses the methods of legal hermeneutics,literature research,and comparative analysis.With reference to the articles and works of many scholars,I have a deeper understanding of non-marital cohabitation,and grasp the current general attitudes towards non-marital cohabitation.In the overall structure of the article,it is developed in accordance with the ideas of raising problems,analyzing problems,and solving problems.First of all,this article collected 100 typical cases of non-marital cohabitation in recent years,and summarized the main characteristics of non-married cohabitation by analyzing the status quo of case judgments.Secondly,based on empirical research,the article proposes that there are personal property and joint property in the trial of non-marital cohabitation cases,the boundaries between joint and shareholding are not clear,the protection of the rights and interests of children born out of wedlock is limited,the interests of disadvantaged parties in cohabitation relations are insufficiently protected,and inheritance rights are not guaranteed and other issues.The main reasons are the lack of legislative rules,the weak legal awareness of non-marital cohabitants,and the insufficient protection of the interests of the parties in judicial practice.Thirdly,through a comparative study of the legal regulations on cohabitation relations outside the territory,it has pointed out the shortcomings of China’s handling of non-marital cohabitation relations,and summarized the experience of extraterritorial legislation that is worth learning from China.Finally,based on the "Relational Contract Theory",and based on China’s situation,it puts forward suggestions to improve China’s non-marital cohabitation legislation,and fully demonstrates its necessity and feasibility.