Legal analysis: Marriage and family system is the basic criterion to regulate the relationship between husband and wife and family, and the return of marriage law to civil law system is an important achievement in the compilation of this civil code. On the basis of the original marriage law and adoption law, the Civil Code on Marriage and Family has revised and improved some clauses and added new clauses in combination with the needs of social development. In order to cooperate with the implementation of the Civil Code and unify the applicable standards of law, the Supreme People's Court began to revise and formulate the judicial interpretation of marriage and family after the adoption of the Civil Code. In order to correctly hear cases of marriage and family disputes, this interpretation is formulated in accordance with the Civil Law of People's Republic of China (PRC), the Civil Procedure Law of People's Republic of China (PRC) and other relevant laws and regulations, combined with trial practice.

Legal basis: the Supreme People's Court's Interpretation on the Application of Marriage and Family in the Civil Code of People's Republic of China (PRC) (I).

Article 1 Persistent and frequent domestic violence can be regarded as "abuse" as mentioned in Articles 1042, 1079 and 109 1 of the Civil Code.

Article 2 "Living with others" as stipulated in Articles 1042, 1079, and 109 1 of the Civil Code refers to the situation that a spouse and the opposite sex outside marriage do not live together continuously and stably in the name of husband and wife.

Article 3 If one party only requests to dissolve the cohabitation relationship and bring a lawsuit, the people's court will not accept it; If it has been accepted, it shall be ruled to dismiss the prosecution. The people's court shall accept a lawsuit brought by a party over a dispute over property division or child support during cohabitation.

Article 4 If a party brings a lawsuit only on the basis of Article 1043rd of the Civil Code, the people's court will not accept it; If it has been accepted, it shall be ruled to dismiss the prosecution.

Article 5 The people's court shall support the request of a party to return the bride price paid according to the custom if it is found that it belongs to the following circumstances:

(1) Both parties have not gone through the marriage registration formalities;

(2) Both parties have gone through the marriage registration formalities, but they have not lived together;

(3) premarital payment, causing difficulties to the payer.

The application of items 2 and 3 of the preceding paragraph is conditional on the divorce of both parties.