On The Legal Protection Of The Equality Of Husband And Wife

This article focuses on researching specifically the current situation of equality of the spouses and trend based on the content and value of equality of the spouses, and to give suggestion and to perfect the law of it of our country, which divided into five parts:Part one, demonstrate the basic concept of quality of the spouses. The constitution of our country brings up the concept of equality of the spouses based on the rule of equality between couples. This equality in the law of marriage refers that two parties have the same equal legal status, fair rights and fair obligations in marriage life, which demonstrate the content and value of that equality.Part two, to sum up the legal trend of current marriage relationship in the law of marriage. Back to history, it has been a process from unequal to equal about marriage relationship; nowadays, the law of marriage abolished those unfair articles, and filled up particular content in order to improve the equity, makes clear that "wives and husbands are equal" according to the law. Meanwhile, current law concentrates on the substantive protection of that equality; and during making the rules, it first considers how to make sure that accomplishes indeed.Part three, inspect the similar legal system and specific content of it from foreign countries, represented by France, Germany, Switzerland, Britain and America, talking about the characters of those countries in two parts of human rights between couples and property system of couples. Through these analyses, we can find some positive inspirations which can make up the shortcomings of the shortage of our experience to improve our own legal system in this field.Part four, legislation of the marriage law in our country. To demonstrate the current situation and to talk about some main issues which still exist at present:inappropriate legal structure, lack of regulations related to cohabiting obligations and attorneyship of daily life, not definite with the deciding authority of marriage and the birthrights, lack of common regulations of the property relationships between couples and some appointment and content need to be supplemented.Part five, perfect the legislation of marriage law in our county. Based on the analysis of the legal flaws in our county, combine with the trend of current legislation of marriage law, reference the experience of foreign countries, to submit the basic principle:"principle of personal issues", which means self-rule, treat different ways and balance; All of those will be using to refer current issues. First of all, adjust the legislating structure in our country, make the relationship altogether in one chapter in order to highlight the importance of this law; second of all, in the human rights between couples, fill up with cohabiting obligations and attorneyship of daily life, modify the deciding rights and birthrights; third of all, in the property system, bring up common regulations and other important content in order to perfect this area; the forth, bring up setup institutions which is responsible for solving problems and conflicts happening between couples, supervising and protecting the level of the equality of spouses in our country.