On The Right Of The Spouse

The right of spouse is the exclusive right of control over the interest of the other party that one party has on the basis of the spouse status after their getting married in accordance with the laws. The right of spouse in which both rights and obligations are involved is included in the Status Right Due to the historical limitations, the right of spouse, especially the obligations of cohabitation and keeping virginity with each other are not ruled in the Marriage Law in operation. In this case, the nature of the relationship of the spouse has been neglected and the effective systems to protect the right of spouse are also deficient. More should be done to perfect the law. It is primary to add more specific content about the right of spouse to the law and design the corresponding selvage measures.At the same time, it is common that the rights of spouse are infringed upon and the most representative conduct about infringement is adultery that infringes upon the right of keeping virginity. According to the theory of Tort Law, the infringement upon the right of spouse is the general tort of which the elements are damage facts, consequences and faults.After the analysis, the author presents his own suggestions on the legislation.