Research On Spouse Rights

The spouse relationship was firstly protected as a kind of rights by law happened in U.K, U.S and France. In China, the Marriage Law did not confirm the spouse rights clearly in the provisions. Until then, in 2001, when the Marriage Law was verified, we can see much progress was made in the protection and the definition on the spouse rights. However, the spouse rights have not set up systemically or entirely by the verification of the Marriage Law. Many deficiencies we can find in this verification are as follows:The prescriptions on the spouse rights are not much enough for the experts or the legal workers to solve the pratical prombles.The protective mechanism on the spouse rights still have to be improved more efficiently and wholly for the practice.The contraditions between the protections on the personal rights and the ones on the status rights (including the spouse rights) in the general provisions of civil law could be clearly seen in the professional view. These deficiencies above lead to the arisings of many different theories in the field. Basing on the definition which is enacted in the Marriage Law and other relative laws, the author tries to discuss his viewpoints on the contents, characteristics of spouse rights by anaylysing the different theories in the field. And also, combining the social impositive phenomena which offense the spouse rights, the author draws out the methods on how to protect and relieve the spouse rights. In the last part of the paper, on the legislation of the spouse rights, the suggestions shall be given to solve the practical problems related to the spouse rights, further more, to stabilize the family relationship and the social relationship.In this paper, the author shall give his viewpoints on the legal characters, the fundemental contents, the relief methods and the legislative suggestions of the spouse rights in five parts.