An Empirical Study On The Trial Of Property Disputes Over Non-marital Cohabitation

With the development of social economy and the opening of people’s ideas,the public’s acceptance of unmarried cohabitation is getting higher and higher.However,China has not made a positive response to the problem of unmarried cohabitation at the legal level.The lack of legislation has led to the embarrassment of finding no evidence when the court tried the property dispute cases of unmarried cohabitation in judicial activities.The trial work has encountered difficulties and bottlenecks,and the issue of different judgments in similar cases is prominent.Through the empirical analysis method,this paper conducts data statistics and analysis on the basic situation of the trial of property disputes in cohabitation relationship,which accounts for the largest proportion of property disputes in non marital cohabitation,and finds that the number of property disputes in cohabitation relationship in China is increasing year by year,but the legal provisions applicable to the trial of such cases are limited and not systematic.Through the analysis of various typical cases of non marital cohabitation property disputes,it is found that the trial of non marital cohabitation property disputes in China is faced with many problems,which are specifically manifested in the unclear boundaries between personal property and common property,between common ownership and shared ownership,the unclear criteria for the judgment of the third party’s debt bearing subject,and the insufficient protection of the interests of the vulnerable parties and the right to inherit property in the cohabitation relationship.The main reason for the trial dilemma is the lack of legislative rules.In addition,judicial limitations and the lack of legal awareness of the parties are also important factors.In the end,the thesis puts forward solutions to the trial dilemma:on the one hand,we should make clear the legal rules for handling the property relationship of non marital cohabitation,including the conditions for the establishment and dissolution of non marital cohabitation,the division principle of common property and external debt,and pay attention to the protection of the interests of vulnerable parties in the cohabitation relationship and property inheritance rights;On the other hand,we should strengthen the judicial capacity to deal with property disputes arising from unmarried cohabitation,and try to solve the dilemma from the judicial level.