On The Spouse Right

With some bad atmosphere sprea d in the community, the numbers of the situation that interests and rights of spouse are invaded in legal marriage increase, such as bigamy, marital rape, domestic violence, "the third person", adultery and etc. Rate of divorce gradually rises, and legal interests and rights of spouse are given even more attention. Spouse right, which plays an important role in the protection of rights and duties between spouses, is an entitlement concept introduced from western countries. Strengthen the research and protection of the spouse right is not only conducive to the development of legal theory, and can play guidelines, evaluation, relief of social role, can contribute to the further improvement of our legal system.This text firstly introduces the status of the spouse right and points out the character of the immaturity of the spouse-right theory. Also, about this right, many theories exit; concepts are not unified and the nature of analysis is not in place. The legal protection system is not perfect. Protect information is not complete, lack logicality, relief measures does not reach the designated position.Then, according to the present condition of our country's spouse right, the related theory of spouse right are analyzed. On the basis of analysis analyzing of the theory about spouse right, make clear that the genera theory of spouse right support right view. In the category of the genera theory, summarized the concept and characteristics of spouse right. On the basis that the concept and feature has must know, have a detailed analysis about the sociality, privacy, compound, coupling, conventionality and equality of the spouse right, further the outline of the right. According the domestic and foreign examples, fully introduce the content of the spouse personality right, spouse identity right, spouse property and its subordinate child rights, describe the image of spouse right specifically, vividly. According to the general theory of civil tort, discusses the definition, the cognizance and the classification, analys the infringements of spouse right which existing in the current society,such as bigamy and adultery. Finally, based on the theoretical research, for the shortcomings of current spouse law protecting, the thesis gives two kinds rational proposals to help the construction of spouse right legal system. One is Straightening out the legal system of the spouse right, the other is Perfecting the relief system of the spouse right.