Research On The Rights Of Spouse

The rights of spouse is a right to an identity, it is the core content of rights and obligations between husband and wife. The concept on the rights of spouse firstly was put forward by the common law countries and becoming more perfect. Our new Marriage Law did not use the concept of "the rights of spouse", although there are certain norms the rights of spouse to the Marriage Law, but too brief, and it is the lack of appropriate legal remedies. More and more in real life against the phenomenon of the spouses the right to provide legal relief to the victims is growing, but on the desirability of additional spousal rights system, marriage and family law between there has been controversy. In this paper, starting from the basic theory of the rights of spouse to analyze the contents of the spouse’s right to, and to further explore the spouse rights infringement types and Legal Issues. The paper includes introduction, body, conclusion and the body is divided into four parts.Part I:The basic theory on the rights of spouse. Explained the concept and historical evolution of the rights of spouse, and the nature of the spouse’s right to explore,Part II:The main contents on the rights of spouse. Through the legislative status quo describe and contrast the content of the spouse right at home and abroad, several major cohabitation obligation and duty of loyalty, couples and reproductive rights, the daily family power of attorney and the mutual assistance obligations of spouses the content of the right details.Part III:The rights of spouse to violations and legal remedy. Assessment, the firstly spouse infringement of the right concepts and elements in basis, examples of specific types of abuse the spouses the right type, and finally asked the rights of spouse to tort civil remedies.Part IV:China’s the rights of spouse to legislative status quo and improve. Pointed out the defects of our spouse rights in legislation, and analyzes the reasons for the improvement of China’s the rights of spouse to provide direction, and spouses the right content to put forward appropriate legislative proposals.