What will be the impact of cohabitation legislation?

With the change of our thinking and concepts, the way we treat feelings is not the same as before. Some young men and women do not choose to marry each other when faced with love, but decide to try cohabitation.

According to the 2022 edition of the China Marriage and Family Report, "the birth cohort was 1980-1984 for males and females; The birth cohort was 1985-1989 for males and females. This also fully shows that the rate of unmarried cohabitation in China is rising.

In our country, there are some disputes every year because of unmarried cohabitation. And because unmarried cohabitation is not protected by law, it is more troublesome to deal with many times. Therefore, the expert recommended that a legislative study on cohabitation law be initiated.

So what would be the impact of legislation on unmarried cohabitation? In my opinion, there are mainly the following aspects:

01. The number of young people living together without marriage will increase significantly

Nowadays, some young people are afraid of not wanting to try cohabitation because they are afraid that unmarried cohabitation is not protected by the law and may bring some bad effects to themselves. However, once the law is enacted for unmarried cohabitation, then many things can be followed, and even unmarried cohabitation can be protected, and they may feel comfortable and bold to cohabit.

02. It can increase the birth rate to a certain extent

Some young people are afraid to have children during cohabitation, because having children out of wedlock is not allowed in the eyes of most people, and women who have children out of wedlock are criticized and considered indecent.

I had a cousin who was in love with a social man during college and lived together, and then my cousin accidentally got pregnant, and the boy not only didn't show the responsibility he should have, but even broke up with her. Later, the aunt and uncle found out about their cousin's pregnancy, scolded her severely, and then the child also lost it.

03. It can protect the interests of both parties and avoid economic disputes

Cohabitation is not like formal marriage is protected by law, and if cohabitation is legislated, then even if the relationship between two people breaks down, it is also well-founded to want to divide the interests and finances during the cohabitation period, so that there is no guarantee at all. After seeing a large number of illegal cohabitation on the Internet, the two went to court because of money issues, and a considerable part of them were not properly dealt with in the end.

In fact, in my opinion, regardless of whether cohabitation is finally legislated or not, women should not use this way to be with the boy they like, because it is a manifestation of irresponsibility to themselves. If a guy really loves you, then he will definitely be willing to marry you.

Marriage is the most basic form of union for men and women to live together, and is protected by national laws. With the development of the times, the concept of cohabitation has gradually been accepted by the public. According to a survey, "of men accept premarital cohabitation (23 percentage points higher) than women".

At present, unmarried cohabitation in China is not protected by law, so unmarried men and women often cause many disputes after ending unmarried cohabitation. Therefore, the impact of this law is that problems can be dealt with in accordance with the law.

So how do unmarried cohabitants protect their property after breaking up, and now let's learn about how to divide property after unmarried cohabitation breaks up?

According to the current law, it is difficult to recognize that it is a de facto marriage, so the parties will divide the property according to the cohabitation property. If it is determined that it belongs to the joint property of the cohabiting parties, the parties who break up will be dealt with as follows:

1. If the parties have made an agreement on property during the period of cohabitation, the agreement shall prevail;

2. If there is no agreement on property during the period of cohabitation, the two parties shall agree when the cohabitation relationship is dissolved;

3. If the parties fail to reach an agreement on the division of cohabitation property, the court will make a judgment according to the specific circumstances.

So far, our society is still dominated by men, and social stereotypes, expectations and discrimination against women are still the general consensus of society.

In the workplace, 30+ women are discriminated against, in the job interview, the status of marriage and childbirth is the unspoken rule of enterprise recruitment considerations, and the married and childless group is the object of serious passing.

In a relationship, a man who has had several girlfriends is a bragging note, and will be labeled as popular with girls; A woman who has had several boyfriends is labeled as abusive and casual.

If cohabitation is legalized, it will undoubtedly send women to the pillar of shame in history again, and become a label group to trample on and judge at will. This society's tolerance for men and harshness for women are deeply rooted in the bone marrow.

In 2019, a reporter from China Women's Daily asked the rule of law staff of the Standing Committee of the National People's Congress whether unmarried cohabitation could be legislated. At that time, Zang Tiewei, spokesman for the National People's Congress, replied: With the change of people's concepts, unmarried cohabitation is accepted by some people in some places, but it is far from forming a consensus in the whole society.

If the cohabitation system is legally recognized, it will have a greater impact on the current marriage registration system. Second, because the circumstances and causes of cohabitation are relatively complex, it is difficult for the law to make uniform provisions, and if such provisions are made, they may not be conducive to protecting the legitimate interests of the relevant parties. Third, considering that unmarried cohabitation involves many legal issues, such as property division and custody, there are different opinions on most of the issues, and no consensus has been reached.

Therefore, in the current situation, the time is not yet ripe for the law to explicitly provide for the issue of cohabitation. (From China Women's Daily).

2.If cohabitation is legalized, the "Coolidge effect" can make existing marital relationships unstable.

Cohabitation is legal, which means that it is a legal intimate relationship that is not marked by the social system. Both parties can be stopped at any time.

Hidden: As long as the relationship is alive and the intimacy with the other person is not discovered, the relationship can be maintained without any guilt. Married couples can have peace of mind that they are in a common-law relationship with someone other than the other party.

Of course, there may be a sense of moral guilt, and the human instinct for intimacy is influenced by the Coolidge effect, an instinct that contradicts the values of a committed couple's relationship. If the legislation supports cohabitation, it will undoubtedly put a rocket on the Coolidge effect. This will be a very terrible thing for the stability of the family and the harmony of the society.

What is the Coolidge Effect?

The Coolidge effect suggests that dopamine can rise sharply in response to novelty and a sharp drop in dopamine due to the loss of freshness. The male brain will have less and less dopamine in the face of the same woman, but when a new woman appears, it will spike.

3.If cohabitation is legalized, the difference in thinking between men and women puts women in a more humble position.

Research from Professor Hong Lan of Brain Science in Taiwan: When women think about problems such as boyfriend splitting legs, big.

The rate of unmarried cohabitation is on the rise, and experts recommend the initiation of cohabitation legislation. It is conceivable that the legislation of the children's bureau law will have a great impact, first of all, the same bureau is more harmful than good, and the cohabitation legislation completely subverts the marriage, and the impact on the marriage is great.

It's good to live together first, but only a very small number of young people live together and add feelings, understand each other, run in the three views, and walk together.

But for young people who live together universally. Breakups due to cohabitation abound, injuries caused by sex. It makes many people miserable, whether it is a boy or a girl, it will have a great mental burden and economic burden on having children out of wedlock.

The biggest impact of cohabitation laws on marriage is the low marriage rate and the high divorce rate. The impact is significant, and the impact on fertility is far-reaching. Individuals are not in favor of cohabitation law legislation, let alone the legalization of cohabitation law.

Liang Jianzhang, a population economist, has suggested initiating a study on cohabitation legislation and lowering the legal age of marriage to 18. The launch of the Cohabitation Act indicates that the rights and interests of cohabitation will be legally protected, so that many people who wish to live together will have no worries, thereby increasing the country's fertility rate. The reason for the increase in cohabitation rate is that many people are unwilling to accept the constraints and cumbersomeness of marriage.

Liang Jianzhang said that the main reason for the decline in the number of marriages is the decline in the number of young people, so it is recommended that the legal age be lowered back. The initiation of a study on cohabitation legislation is to provide cohabitants with a legal identity guarantee and a provision for fighting for their interests. As we all know, the division of property and some conflicts of interest after the breakup of the previous couple's cohabitation were not effectively guaranteed, but the cohabitation law will allow more people to be protected by the law according to the combination of people's feelings and national conditions, which will prompt more people to be willing to live together in the name of cohabitation.

As soon as this statement came out, most netizens began to argue, cohabitation itself is unreasonable, as soon as this law comes out, it will not be that more people will have the idea of cohabitation, after all, cohabitation does not need the short restraints of parents and more rules to restrict personal freedom. There is also the reduction of the legal age of marriage, recently there was a 19-year-old girl who broke up with her boyfriend, found out that she was pregnant, and then gave birth to the child and abandoned it, and was sentenced to 6 months in prison for desertion.

The country urgently needs to solve the problem of the current marriage rate and fertility rate, and different policies and regulations will appear every few days, but as a post-80s generation, these inconsequential policies cannot solve the substantive problems at all, whether it is housing or economic pressure, as well as the rise in education costs, all the time does not crush the current young people.

First of all, there is no concept of "illegal cohabitation" in our country anymore. In its place are two new concepts: "non-marital cohabitation" and "bigamy cohabitation".

Second, the recognition of these two forms of cohabitation is not based on the time of cohabitation, but the fact that the two parties have mainly formed a state of cohabitation, that is, they are considered to be "cohabiting". Non-marital cohabitation and its legal consequencesThis type of cohabitation refers to the act of both parties living together in the name of husband and wife without legal marriage registration, and the surrounding people believe that both parties are already husband and wife. Legal consequences of illegal cohabitation:

1 The parties are not legally husband and wife, and their relationship is not recognized. Cohabiting parties do not fulfill each other's legal obligation to support each other, and they cannot inherit the inheritance from each other. However, as illegitimate children, the children born to them are also protected by the relationship between father and son, mother and child, and have the same inheritance rights as their later legitimate children.

2 For the disposition of the property of the cohabiting parties: the agreement of the cohabiting parties generally takes precedence. If there is no agreement, the property shall be disposed of by both parties through negotiation.

If the negotiation fails, it shall be handled in accordance with the general economic rules. For example, whoever registers a house or car belongs to whomever it is; Whoever buys the rough boy is who's who's and so on. However, if some items are purchased jointly by both parties, generally speaking, it is who pays the highest price, and who actually manages to determine who owns the item, and after it is determined, the owner will compensate the other party appropriately.

Bigamy cohabitation and its legal consequencesThis kind of cohabitation refers to the cohabitation of one or both parties who are married and have a spouse, but still live with the opposite sex in the name of husband and wife, and the masses also consider it to be a kind of cohabitation between husband and wife. Legal consequences of bigamy cohabitation1 Suspicion of committing the crime of spring defeat: Article 258 of the Criminal Code:

Whoever has a spouse and marries another person while knowing that he or she has a spouse shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention. It should be noted that "bigamy" in the crime of bigamy does not require the cohabiting parties to register their marriage again, as long as the two parties form a "de facto marriage" (i.e., living together and living together), it is regarded as "bigamy" and is suspected of committing a crime. The crime itself is of a public prosecution nature, but if one of the innocent spouses has evidence to prove that the other party has bigamy, he or she can also take the initiative to file a lawsuit with the people's court (the public prosecution becomes a private prosecution).

2 Personal and property relations: the principles of treatment are the same as those of non-marital cohabitation.

Cohabitation refers to the act of a man and a woman who do not have a spouse and who voluntarily do not register their marriage and live together together in the name of husband and wife for a long time. A cohabitation relationship between a spouse and a person of the opposite sex outside of marriage, who does not live together in the name of husband and wife, continuously and stably, is an illegal relationship. Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China (1) Article 2 provides:

The circumstances of "cohabitation with another person" as provided for in Articles 1042, 1079 and 1091 of the Civil Code refer to a person with a spouse and a person of the opposite sex outside of marriage, who lives together continuously and stably without being husband and wife.

Article 1054 of the Civil Code An invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party. The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage.

The provisions of this Law on parents and children shall apply to children born to the parties. If the marriage is invalid or annulled, the innocent party has the right to claim damages.