Research On The Legislation To Govern Elderly Unmarried Cohabitation In China

In China,with the social structure of population aging,old-age security highlighting and marriage and family structures diversity,more and more attention have paid to the aging unmarried cohabitation,which has been called “ Elderly Cohabitation”,“Old-age Living Together”,“Aging Remarriage”,etc.The aging unmarried cohabitation share three features: unstable,providing for the aged and gender differences.As a new family pattern,it has been chosen because of family interference,demand stimulation and the changing of the social concept.At present,there is no relevant legislation of the aging unmarried cohabitation,which brings about same cases have different sentences and same sentence according to different laws,injuries people crowd to the law authority.Based on the case study,this paper tries to understand the legal problems existing in the elderly unmarried cohabitation,and then tries to construct the system of elderly unmarried cohabitation to respond to the social needs by learning from the foreign legislative experience.To actualize the system in step,first,the relative judicial guiding opinions of the Supreme People’s Court shall be formulated,and then a separate law shall be issued when the time is ripe for establishing a legal system of elderly unmarried cohabitation,which is different from ordinary unmarried cohabitation and has a secondary effect on marriage.This system implements registration system,without register cannot enjoy partial legal rights and interests;the cohabitation property system is based on the principle of separate ownership,with the exception of special co-ownership,and emphasizes prohibition of property agreement;The inheritance system continues the status quo that cohabitants have no succession,but have the dwelling right;the debt system emphasizes the exception of common debt;the support system stipulates that if the cohabitation has suspend three years,each other shall bear the duty of support.