Spouse The Right To Study

Spouse rights is a big question which is fiercely disputed in the emending of marriage Law, and has not been clearly defined yet. Spouse rights is not only an important item in legislation and theory studying, but a question which cannot be slid over in the practice of justice.This article begins with several cases about sexual relations beyond marriage, violating birth rights and rape under marriage, indicated faithful obligations between husband and wife, rights of birth, rights and obligations of cohabitation which are contained but still being argued, arousing some analysis on questions about spouse rights as follows:The first part of the main body is to study the basic theory about spouse rights. Firstly it comments on the concept theory of present spouse rights, puts forward the definition of spouse rights, draws the conclusion of features and natures of spouse rights. And then demonstrates the important magnificence of setting up spouse rights and refutes the views given by some scholars who are against setting up the system of spouse rights. Finally it is the retrospect of the course of historical evolution of spouse rights, reveals the evolution rules of spouse rights.The second part gives a dissertation about effectiveness of spouse rights. It deduced the effectiveness of spouse rights according to the purpose, function, ethic and effectiveness of marriage. It simply discusses the effectiveness of status, personality and property over spouse rights and effectiveness for internal and external. And explains the contents of spouse rights from a point of view of effectiveness of status, personality and property over spouse rights.The third part concerns the violation and legal aid about spouse rights. From the point of view of the effectiveness of spouse rights for internal and external, it shows us the practical type of spouse rights, supplies public law and private law aid, but it focus on aid measures about responsibility of tort. In additional, solving the violation issues of spouse rights by mediation beyondlitigation is a way for aid which is better accorded with the human nature in the relationship between husband and wife.The next part describes an imagination of legislation about spouse rights. It reappears the regulations about spouse rights in our national marriage law, analyses the lacks, arouses the perfect suggestions.The rest part brings forward an imagination after setting up spouse rights. It gives the demands for a successful marriage in such a modern society: the both parts of the husband and wife should enjoy rights and share obligations together, have everything in common, respect and love each other, be apprehensive and tolerant, be equal with work, and they need more attentions, self-discipline of morality can not be without support of law.