非婚同居的立法探析

On the Legislation on Non-marital Cohabitation

在社会经济发展,社会不断进步的同时,人们的思想观念和价值取向也逐渐走向多元化。在此大环境下,非婚同居已成为司空见惯的社会现象,这为婚姻法提出了新的法律规制诉求。法律应在非婚同居调整中扮演怎样的角色,目前我国学术界对此争议较大。当前非婚同居队伍庞大,法律对该问题的规定存在着很多的不足,不断涌现的问题直接影响到社会的稳定,冲击着我国的婚姻法。对于非婚同居,我国婚姻法应该尽快表明态度,从最主要的人身关系和财产关系两方面对其作出明确而具体的规制。

With the social and economic development and constant progress of the society, people＆#39;s views and values are gradually getting diversified. In such a spacious context, non-marital cohabitation has become a quite common social phenomenon, which comes up with a legislative appeal to the Marriage Law. Nowadays, it remains a great debate in the academic circle of our country that what kind of role should law play in the legal adjustment of non-marital cohabitation. At present, a great number of persons are experiencing non-marital cohabitation, but legal regulations of such a situation is very insufficient now. Therefore, increasingly emerging problems in this regard directly influence the stabilization of the society and challenge the Marriage Law of our country. To non-marital cohabitation, the Marriage Law of our country should make clear its attitude, putting forward definite and specific regulations in the two main respects of personal relationship and property relationship.