Thoughts On Construction Of Civil Legal System On Spouse Rights In China

Spouse rights are prime status rights which legitimate couples are entitled to. Though some provisions in Marriage Law of China involve some concrete contents of spouse rights, as a legal concept, it hasn't been identified in the Chinese laws. Due to lack of instructions from the law, the spouse rights are very unclear to people. When the rights are infringed, they often either don't realize the infringement at all, or are not able to resort to effective legal relief.This article consists of four chapters. The first chapter begins with the evolving history of spouse rights, and with a sum-up of all kinds of theories, it puts forward viewpoints on the concept, features and contents of spouse rights. In the second chapter, it demonstrates the practical significance of exploring the legislation on spouse rights through two cases, refutes the opponent's argument, and emphatically analyses current situation and defects of the law. The third chapter is the key of the article. In this chapter, suggestions on constructing the spouse rights system are brought forward by using ideas from overseas laws for reference. In the forth chapter, it discusses legal protection of spouse rights.