Perform And Exception Of Support Obligations Of Married Couples

Support obligations of married couples have the identity and property, equivalence and interactive, morality and legal characteristics. On the support obligations of married couples to perform with the exception of research, can reflect the Chinese traditional and realistic national conditions, consistent with the" marriage law" legislation value idea, help to optimize the normative and social effect of law. In a typical case of married couples are in the process of the research, discovered our country support obligations of married couples in performing content, performance, and whether the degree to fulfill due exception four problems. Current regulations on the behaviors of married couples has not played a good role to guide and standardize, with clear and specific standard to strengthen its advanced nature.Support obligations of married couples to perform in law, ethics, sociology, philosophy, economics, has profound theoretical foundation. Support obligations of married couples to perform content should include the material support, life support and comfort the spirit of the three part, the three complement each other, are indispensable. Married couples to keep each other’s life, to his duty of maintenance ability as the standard, the child support can not replace but may be appropriate to reduce the support obligations of married couples after divorce, if necessary to provide modest support for each other. Perform security measure must be legal and moral and. in cliifide flower, legal protection, prohibit abandoned the spirit of behavior, adding material supplies, the guarantee revoked the license means to force the obligor to fulfill their obligations, to set up an independent family court as soon as possible: In the moral protection, for moral education, rely on social public opinion and personal psychological activity, popularize solution of married couples dispute consciousness, continue to improve citizens’comprehensive quality.Everything has two sides, rational legislation should be one divides into two. Regulation of married couples relationship. Support obligations of married couples exception accord with justice, the rights and obligations of consistent, prohibition of abuse of rights and other principles, should let the support obligations of married couples to married couples the exception as a necessary supplement to the system. Relevant legislation should be consistent with the rights and obligations of principle for the purpose, married couples relationship and marital property and personal relationship. Can learn from countries all over the world outstanding legislative model, combined with China’s marriage family relation characteristics, clear rights seriously violates the matrimonial obligations, obligations and the existence property misconduct behavior as the support obligations of married couples exceptions. At the same time, in order to respect and protect the citizens rights, also deal with the exceptions applicable level to make the reasonable requirements, such as provisions exceptions applicable only for the material support, to weigh the breach of the obligation of the importance of the details, and due to the party’s forgiveness and exclusion.