On Spouse Right

Analyzed from the process of generation, spouse right system is not a kind of right system created by law, but a habit order generated in human society from generation to generation of numerous marriage and family life, which is the result of mutual knowledge, mutual belief and mutual behavior. For thousands of years, marriage system has been internalized into people's mind structure, the traditional taboos and ethical practices have long regulated status in marriage as well as mutual rights and obligations of husband or wife. If men and women are able to follow such a natural order in order to sustain marriage, the spouse right is like "breathe right", it does not need to ascend to the height of law. It is because the spouse right continue to be infringed, the traditional Confucianism constantly under attack, moral binding gradually disappear, so the it is necessary and urgent to legalize spouse right .The nature of marriage plays a decisive role to nature of the spouse right. Marriage is a kind of "contract", the content of contracts for thousands of years by the countless acts of a couple married lives from the common pattern profile. The conclusion of a marriage means that men and women accepted the entire content of the contract,it also determines the special content and nature of the right which is caused by identity relation of spouse.This article mainly discusses in three of the content:the obligations of cohabitation,the obligations of loyalty and reproductive rights.The contents of the spouse of the right involved a strong physical attributes, thus determining the right has been infringed upon a spouse can not adopt specific performance accountability methods.The victim can make this as the reason for divorce. When a third person is concerned and violates the spouse right with the faulted spouse,the other part of the couple can claims the right toward the third person.In reality, due to the absence of the spouse right legal system, the victim has no way to sue (the court will not accept); or although the court accepts the case, the lack of basis and eventually will have to shoulder the consequences of losing; or although successful, the court ruling was based on too rigid application of the law that is too far-fetched. The revised law in China to infringe the right mate, although certain behaviors stipulates corresponding relief measures, but not perfect, cannot fully protect the interests of the party.Therefore, the ultimate aim of the establishment of the spouse right system is to provide infringed right a legal basis for relief, enhance the responsibility of husband and wife to marriage and family, and thus promote harmonious family and social harmony.