Research On Spouse Rights

As we all know, family is the cell of the society, husband and wife constitute the basic elements of the family, it is the most basic ethics of social relations, spouse rights is the right to adjust the relationship between husband and wife, so research on spouse rights not only interests of both spouses, but also interests of the entire family, thereby affecting the whole social harmony and stability. Spouse rights is a identity rights .It is evolved from the early patriarchal, but as the historical development the spouse right have a new meaning it is built on the basis of equality of men, get rid of the feudal shackles of traditional ideas of women's right, it gives the women as men equal rights in marriage. Within the spouse rights the couple enjoyed each others spouse rights, one party must have the right to undertake corresponding obligations, rights and obligations between husband and wife synthesis; from outside the spouse rights for the couples as a whole, any one bear the obligation shall not be violated. Many foreign countries in their national legislation have been identified in the concept of spouse rights, and related systems are also fairly complete, but in our country whether the spouse rights to set up still have a lot of controversies.The first part of the concept start from the spouse rights that spouse rights is a legal right to effective duration of the marriage relationship, both men and women based on marital status-specific relations enjoyed by the exclusive expression of their marital status as the interests of the right. Then analyzes the nature of the spouse rights that spouse right to private rights is the right to identity, it is the couple husband and wife based on the specific identity of rights, reflect the identity of interests between husband and wife, has absolute power and relative power of the double property.The second part of the concept in the basis of the spouse rights to define the content of spouse rights It is include the common-law rights, the right of chastity, the daily housework and maintenance assistance agency the right to claim.The third part is the spouse of civil rights infringement, the first of the spouses right to Tort Liability Principle, specifically including the spouse couples the right to civil liability against the principles of the Third Person Effect and the principles of civil liability. That the special status between husband and wife can not constitute a violation of obstructing or spouse couples the right to the subject of illegality. Spouse abuse in the third part of the right to civil liability, analyzed the relationship between ethics and law, that when a social order or the behavior of individuals alone ethics it should ethics into legal norms. Then the spouse rights Elements tort liability, and on this basis, analysis of the specific right to act against the spouse and remedies.The four part analysis the necessity to set up the spouse rights ,that set up the spouse rights is a beneficial method to achieving the just value; increasing the choice of the cost can benefit the marital bond; conducive to enhancing citizens to establish marriage laws necessary requirement for the protection mechanism. Which help to increase the costs of their marriage and stable part of the innovation of this paper, this part of the theory of law and economics combined with the introduction of "rational economic man," "Marriage law of diminishing marginal utility" and "revenue and cost" concept, to analysis the necessity to establish the spouse rights.The five part of the concept from the current legislation of our country to indicate the defect of spouse rights , need improvement, Finally proposed measures to improve the spouse rights .