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事实婚姻是世界各国的一种普遍现象,各国立法也均有相关的法律制度加以规制,而中国的事实婚姻制度在立法演变过程中一直争议不断。本文基于事实婚姻概念的界定和特征,从我国现行立法对于事实婚姻制度的规定以及其构成的要素方面进行剖析与思考。联合当前社会生活中存在的事实婚姻关系的实际状况与尚未得到妥善解决的诸多问题,分析并总结了现存的、亟待解决的立法缺陷。为保护事实婚姻当事人的权益,更有效的稳定我国婚姻制度的发展,最后提出了几点完善我国事实婚姻制度的设想。
De facto marriage is a common phenomenon in all countries in the world. All countries’ legislatures also have their own legal system to be regulated. However, the system of de facto marriage in China has been constantly controversial over the evolution of the legislation. Based on the definition and characteristics of the concept of factual marriage, this article analyzes and ponders from the provisions of our country’s current legislation on the system of de facto marriage and its elements. Combining with the actual situation of factual marriage existing in current social life and many problems that have not been properly solved, the existing and urgent problems of legislation to be solved are analyzed and summarized. In order to protect the rights and interests of the parties involved in the de facto marriage and to more effectively stabilize the development of the system of marriage in our country, we put forward some ideas for improving the system of de facto marriage in our country.