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.

Suggestion on solving the problem of de facto marriage by marriage law;

Because of the differences of legislative purposes and the angles of considering problems,as fas as the attitude towards de facto marriage is concerned,there exist differences between the marriage law and the criminal law,which is reasonable,and is not contradictory.

Our present laws have gone through stages in handling de facto marriages: accepting,accepting upon conditions,not accepting,and relative accepting upon conditions.

So by analyzing the definition of remarriage,fact marriage,illegal co-habitant and co-habitant behind spouse,this article points out the defects on protecting the third peson behind spouse of the former three kinds of relationship above mentioned.

The family dispute of marriage in the countryside is mainly caused by the fact marriage and the confused registry of houses.