The Status Action in Fact and the Protection of Status Relationship in Fact:Focus on the Factual Marriage

With regard to the shortcomings of China factual marriage legislation,this paper points out the China should make laws to standardize factual marriage system,make clear the rights and obligations between the parties to factual marriage and set up factual marriage automatic formation system and marriage supervisory system as to strengthen the protection for women and children.

Through analyzing the definition of remarriage,factual marriage,illegal cohabit and cohabit beyond marriage,the author points out the defects on protecting the third party of the three relations mentioned above and proposes some suggestion about how to protect the property right and spiritual rights of the third party.