Spouse The Right Theory, Research,

On April 28, 2001, the amendatory acts of "Marriage Law" was considered and passed in the 21st conference of the Ninth Sessions for the NPC Standing Committee, this revision had caused the widespread attention from the scholars and populace. In the process of revision, there were many disputes and difference in the academic circle about serial questions related to the spouse rights: obligation for the common-law marriage, faithful obligation, the rape in marriage and so on, thus had brought about the great discussion on whether set up the spouse rights. Finally, the amendatory acts of "Marriage Law" had not make clear about accepting the concept of the spouse rights, but additionally built the stipulation concerned the unique status rights, the obligation between the husbands and wives. Therefore, it was not important about whether adopted the concept of spouse rights, the basic content of spouse rights had been embodied in the "Marriage law". Hereafter, the scholars turn their vision to the construction of spouse rights system, this article attempts to carry on the elaboration and proposes individual viewpoints and opinions on the theory question of spouse rights' legal nature, basic content, right relief and so on. Besides the preface and the conclusion, the content of main text is altogether divided into four parts:Part I: Summary of spouse rights. Through elaborating the spouse rights' concept, characteristic, historical evolution and relationship with concerned civil rights, it is made clear about the spouse rights should be exclusively possessed to the legitimate spouse in the academic theory, to maintain the spouse's right of status benefit, which is based on its exclusiveness, facing each other, nobody have right to encroach. But the historical evolution from authority of the husband to the spouse rights, has embodied the spouse rights' status rights attribute initially.Part II: Spouse rights' legal nature. From the aspect of right classification, through the evaluation to the scholars' viewpoints about the spouse rights' nature, the conclusion is drawn: 1st, the value idea of the personality independence, the equality of men and women has...