The Supreme People's Court on the trial without marriage registration office and in the name of husband and wife living in case some opinions

The people's court without marriage registration office and in the name of husband and wife living cases, should first ask the parties that the serious
Illegal behavior and damage, and depending on the illegal circumstances give criticism and education or civil sanctions. But based on this kind of "marriage" relationship
Specific reasons and cases of complex, for the protection of the rights of women and children, is conducive to the stability of marriage and family relations,
To maintain stability and unity, in a certain period, conditional acknowledging the fact marriage relationship, is in line with the actual. Therefore, we according to law
Law and trial experience, on the trial of cases put forward the following opinions:

   1.1986 years in March 15th "marriage registration measures" before the implementation, did not do the marriage registration formalities in the name of husband and wife with the
In life, the masses also considered the relationship between husband and wife, a people's court "divorce", such as the prosecution both conform to the marriage
The statutory conditions, can be identified as fact marriage relationship; if the prosecution one party or both parties does not meet the statutory conditions for marriage, should be identified as illegal
The same

The relationship among the.

   2.1986 years in March 15th "marriage registration" after, did not do the marriage registration formalities in the name of husband and wife with the
In life, the masses also considered the relationship between husband and wife, a people's court "divorce", such as cohabitation both conform to the marriage
The statutory conditions, can be identified as the de facto marriage cohabitation; such as when one party or both parties does not meet the statutory conditions for marriage, should be identified as illegal
The same

The relationship among the.

   3 shall be implemented as of the Ministry of civil affairs of new regulations on marriage registration date, without marriage registration office or in the name of husband and wife living together, according to
Treatment of illegal cohabitation.

   4 not remarry after divorce, fails to perform the marriage registration procedures, and live together as husband and wife "divorce, one party sues"
, general should lift its illegal cohabitation.

   5 registered wedding party with third people formed a fact marriage relationship, or de facto marriage between one and third board
Remember to get married, or de facto marriage between one and third people formed a new fact marriage relationship, where a previous marriage to a party
For the investigation of the crime of bigamy, regardless of whether the act constitutes a crime of bigamy, shall be lifted after a marital relationship. Before a marriage a
Party

Such as divorce, should carry out mediation according to the specific circumstances of their marriage relationship or make a decision.

   6 questions of fact marriage divorce case, shall conduct mediation. Through mediation or the withdrawal of the suit, to confirm the marriage relationship
Effective, sent to mediation or rulings; after the mediation can not be reconciled, shall be granted a divorce mediation or judgment.

   7 without marriage registration office and in the name of husband and wife living men and women, a request "divorce" or the lifting of cohabitation, investigation
It is illegal cohabitation, should be a judgment to lift.

   8 people's court illegal cohabitation cases, involving children born out of wedlock upbringing and the division of property, should be give
In order to solve. The division of property, should take care of women, children's interests, considering the actual situation of the property and the degree of the two sides of the fault,
Proper segmentation.

   9 remove the illegal cohabitation, born the illegitimate children, by which party support, mutual consultation; consultation fails
When, should according to the specific situation of the interests of children and their decision. Breastfeeding children shall in principle, parent support, such as the father
The condition is good, the mother agreed, also can put in the custody of the father. Children as a person with limited capacity for civil conduct, it shall seek the views of children i,
A party

The minor children to support of others, they must obtain the consent of the other party.

   10 remove the illegal cohabitation, cohabitation period both income and the purchase of property, according to the General Co
Disposal of property. Cohabitation, a voluntary gift to each other's property can be compared with the gift relationship; one party to the other party for
Property, which can be reference to the Supreme People's Court (84) Law No. 112nd "on the implementation of the policy issues of civil law
Italy

See "article (18) the provisions of psychiatric treatment.

   11 remove the illegal cohabitation, cohabitation period for CO production, life and the formation of credit and debt, according to the common debt
Right, debt management.

   12 remove the illegal cohabitation, a party in the common life during disease did not cure, division of property, should be
Given proper care, or by the other party to give a one-time financial assistance.

   During the 13 cohabitation one death, the request of the other party to inherit the estate of the deceased, such as fact marriage relationship, can
The identity of spouse treatment according to the relevant provisions of the succession law; if the illegal cohabitation, and in accordance with the provisions of article fourteenth of the law of succession,
According to the situation of mutual assistance.

   14 the people's courts in the trial without marriage registration office and in the name of husband and wife living cases of illegal if the circumstances are serious,
Should be in accordance with the marriage law, the general principles of the civil law, "on the implementation of the general principles of the civil law '' opinions on several problems" and other laws, and regulations
The relevant provisions, give appropriate civil sanctions.

   15 the opinions shall be implemented as of the date of enactment. In accordance with the views contradict the past where the Supreme People's court, according to the original intention
See implementation.