老年人非婚同居关系的立法研究——以老年人权利保障为视角

Research on the Legislation of Non-marital Cohabitation of the Elderly——From the Perspective of Protecting the Elderly’s Rights

目前,中国越来越多的无配偶老年人选择了非婚同居生活,但由于相关的法律缺失,老年人非婚同居引起的纠纷无法得到合理的解决,导致老年非婚同居者相关权利被侵害等问题出现。由于老年人非婚同居有着与年轻人非婚同居不同的特点,要解决此类问题,必须分析老年人非婚同居的原因及特点。文章对老年人非婚同居者的权利保障进行了探讨,并就完善相关立法提出了建议。

Currently in China,a rising number of the elderly people without spouses prefer non-marital cohabitation.However,due to the absence of relevant laws and regulations,the disputes caused by the non-marital cohabitation of the elderly cannot be properly resolved,resulting in the infringement of the rights of the elderly people involved.Since the non-marital cohabitation of the elderly has its distinct features from that of the young,the solution of such issues is expected to be based on the analysis of the reasons and features of the non-marital cohabitation of the elderly.The paper discusses how to safeguard the rights of the elderly people in non-marital cohabitation and makes proposals for the perfection of related laws and regulations.