非婚同居的概念与性质

Concepts and Features of Non-marital Cohabitation

非婚同居的主体是没有配偶的男女,在主观上双方具有共同生活互相照顾的共同意思表示,在客观上双方公开持续共同生活达一定期间。而婚外同居是违法行为,不应列入非婚同居的范畴。同时,非婚同居是一种准婚姻关系,在一定意义上说它一种合法行为,建议立法将其纳入法律规制的范畴。

The subjects of non-marital cohabitation are a male and a female without spouse, both of whom not only subjectively have the intention of living together and caring for each other but also objectively have lived with each other publicly and continuously for a certain time. However, extramarital cohabitation, which is different from non-marital cohabitation, is a kind of illegal activity. Meanwhile, non-marital cohabitation, which is a quasi-marital relationship between a male and a female, can be regarded as a legal activity to some extent. Therefore, in legislation, non-marital cohabitation should be included in legislative regulations.