Spouse The Right To Study

Spouse right is not only an important identification right the spouses enjoy, but a controversial right in China's marriage legislation. Although the specific rights and obligations that spouse right covers have been mentioned in the Marriage Law which was revised in 2001 and its interpretation, the concept of the spouse right was not stipulated definitely in legislation and the legal system related to spouse right has not been set up. That is mainly because it is not agreed by all that the faith obligation and the cohabitation obligation which are the central obligations of spouse right should be stipulated. That is to say, the focal point of legislation has not been solved. After defining the connotation, character and specific content of spouse right, the author makes the sociology analysis of the legislation of the spouse right and analyzes the influence on the spouses'psychology in view of the representative opinions being against the legislation of the spouse right. Also, the author discusses the issues, such as the law and morality, the freedom of sex and social order, cohabitation right and the rape inside marriage and cohabitation and separation. Then the author points the disadvantage in the legislation of spouse right and how to perfect it, and the civil liability for infringing on the spouse right. At last, the author brings forward the legislation suggestion.