On The Right Of The Spouse

It is known to all that family is the most basic social unit and economic unit,the couple relation is the basic ethical relation in society. Therefore the study on the spouse right that adjusts the relation of a couple identification is not only related to the benefits of the double sides of a couple,but also related to the benefits of other members in a family,and the benefits of the entire society-social stability,economic development and the keeping of the ethical system. However,under the conditions of industrialization,modernization and commodity economy,the couple relation has changed greatly. The modernized industrial production,especially the coming of the information era have made the female enter the labor market step by step,the economic status of the female has increased,in the family and the society the female has achieved the equal status as the male gradually. In addition,due to the influence of the modern individualized value orientation,the couple relation has shown the spirit of the equality and freedom. The study on the spouse right should also be pace with the social development. The study on the spouse rights that we conduct are mainly the study on the new implications and contents of the spouse rights which take the husbands and the wives as the equal principal part under the system of a husband and a wife.After comparing all kinds of doctrines on the spouse rights,the author has put forward the views on what are the spouse rights. On the basis of analyzing the historic development of the spouse rights,the discussion on the contents of the spouse rights has been conducted. It is considered that the contents of the spouse rights include name rights,cohabiting rights,residence negotiation rights,rights requiring the other party to be loyal,agent rights on daily household and the rights of birth control,etc. Then the extension of the spouse rights has been widened,the relative matters on the virginity rights and thereputation rights have been analyzed. Aiming to the above analysis,the lawful relief means when the spouse rights have been invaded are put forward. In viewing that the marriage legislation and other civil laws in China have not stipulated the spouse rights,so on the law protection the defects on systems still exist. Therefore,the relative legislative suggestions have been put forward at the end of the chapter.