On Right Of Spouse

In recent years, centering on the revision of the Marriage Law, the academe argue on"Right of spouse". The disputes represent in, the concept of the right of spouse, nature, content and other aspects of relief. Based on the nature of their spouses and the rights of the theoretical foundation for the study standards, the thesis discussed the content of the right of spouse, shape and relief methods.Preface: In this part the thesis simply explained what is the right of spouse and the necessary set the right of spouse, as well as in our academic and legal provisions of the spouses the right to the status quo.The first part is on the basic theory of"right of spouse".The first, on the historical evolution of the right of spouse. This right rise because of deny of paternity society and the wife and the husband became equal. In a feudal society dominated her husband enjoy almost all the rights of wives, wives in the family almost no rights. Ancient legal publicly confirmed unequal relationship between husband and wife. Modern bourgeois revolutionary period, the bourgeoisie in the struggle against feudalism in the natural rights, equality of rights slogans, in the civil legislation of the abolition of the patriarchy. Since then, the idea of equal marital status was widespread and recognized by all people..The second, after commenting on the existing concept of the right of the spouse, the authors put forward a new concept of the right of spouses. That is, right of spouses is based on respect for individuals on the basis of personality and accordance with legal and effective relationship between husband and wife status enjoyed by husband and wife as closely linked to the interests of a group of rights and obligations, and any other third person do not infringe upon obligations. The third, after commenting on the existing concept of the right of the spouse, the authors put forward a new nature of the right of spouses. The right of spouse is a right based on legal marital status relationship. This right is absolute and the relative. Both spouses are each other rights and obligations of the main; both spouses outside of any other person shall not be violated obligations. The spouse has the right attributes and between husband and wife have the right to the rights of a third person does not enjoy the same rights. The right of spouses is common to spouse. One of the spouses is not separate the rights of individuals and do not transfer to other people..The fourth is on the content of the right spouse. Here on the existing content of the right to the spouse of a theory assessment, and made the author of the spouses understand that the content of the right. As the spouse of the specific content of identity should be at the same time, relative, absolute, specific characteristics. The right of spouse should be distinguished from the specific content of each individual by simply sharing some of the content of the right personality, but also distinguishes it from the right spouse relief methods. The right of spouse should be contained: the right to cohabitation, marriage shelter agreed to request the right to maintain virginity, reproductive rights, and the right support.The second part is on the right of cohabitation, the right to choose habitation; the right to request maintains virginity analysis. Cohabitation with the right to the matrimonial home agreed to maintain virginity has the right to request the relevant content and connectivity. Analysis of cohabitation of the right to the matrimonial home agreed to request the right to maintain virginity related content; it would not be appropriate independent analysis.Firstly, summarize the right of cohabitation .then, introduced to other country about the spouse cohabitation. China's Marriage Law has not yet provided the right cohabitation between spouses. And in accordance with the purpose of marriage, functions, ethics, the right to cohabitation is that the performance of the external and internal performance points. Cohabitation external performance by the husband and wife to live together in the same residence, the internal performance of cohabiting couples for common life and the couple's sex life and so on. External performance of the internal performance of the premise; the internal performance of the external manifestations added.Secondly, this was followed by the unions and the right to the matrimonial home agreed to the relationship. Marital cohabitation between the need for a shelter, in the ancient society wife is not the right to choose the matrimonial home. However, with the husband and wife established the equal status of the matrimonial home, the decision on the need for mutually agreed between husband and wife, the decision of the matrimonial home is the premise of the exercise of the right to cohabitation. In this section the author of the matrimonial home agreed to the content of the right and the right in the conflict between husband and wife, identified standards and dispute resolution methods.Thirdly, it is the cohabitation of external performance and disputes. Here on international and domestic law in the relevant provisions of cohabitation, as well as analysis of its contents, and make a living right way to resolve disputes.Finally, it is the performance and internal disputes on right of cohabitation. First, discussed whether between spouses enjoy common rights, why have common rights. This was followed by a discussion of the request to maintain virginity.The third part is about the reproductive right.The first is the historical evolution of reproductive rights. In a traditional society reproduction are women's obligations. Women were regarded as reproductive tools. With the rise of the feminist movement in the end of the 19th century, reproduction obligations gradually changed into a right to women.Second is the concept of reproduction. In this part, the thesis comment on the existing concept of reproduction and the author summarized that point on reproductive rights awareness.The third are the disputes of reproductive right. The first question is whether the reproductive right belonged to the spouses. The second request loyal to discuss reproductive rights and reproductive behaviors through adultery study, put forward the request to the faithful birth the need for and feasibility. Third discussed between spouses internal disputes reproductive rights, and summed up the main form of five kinds of disputes was discussed.Part four is about the maintenance right.The first is the concept of the maintenance right .In this part, the thesis comment on the existing concept of reproduction and the author summarized that point on reproductive rights awareness.Second, the causes for the maintenance institution, first introduced here in representative academic viewpoints, and into custody system that is the cause of human self-reliance can not be completely unable to avoid life situations, burgeoning human life is the objective law of change, who can escape beyond this objective law. Marriage protection mechanism is the development of any society, the existence of the indispensable cornerstone of the community, there are other social security, but it can be said that other social security only marriage protection mechanism to add.The third, what are the standards on enabling to live independently. But not all are unable to live independently support the causes of the subject, the author from a different perspective and analysis that must be unable to live independently is not objective and subjective no deliberate combination of objective reality, or to independent living for some reason After one spouse's consent, support and the formation of default under the objective facts. Not all are unable to live independently will inevitably become the subject of the cause of dependency.The fourth is the degree of dependency, where first introduced in the academic life of the major obligations to maintain theory, that is a support obligation theory. In the analysis of the theory, the authors put forward support obligation should be"considerable support obligation"to the"appropriate support obligation".Finally, the dependency disputes between spouses. Dependent disputes between spouses can be divided into: people support obligation to comply without undue support obligation; support obligation people have a legitimate reason to refuse to support obligation. The author briefly described the different types of disputes and the right to support that standard, the right to support relief methods and reasons.Conclusion: the necessary to establish and perfect the right of spouse. The thesis consider that though each spouse can not protect the right to life of a happy marriage, but imperfect spouses the right to the protection of the system can not be sure of a happy marital life.