Discussing The Right Of Spouse And Its Legal Protection

The spouse right is a right that the couple acquired base on the special status relations of spouse.The spouse right reflects couples identity interests and jointly enjoyed both of husband and wife.The spouse right is a right of status, a right incorporating rights and duties. The lawmaking and safequard of the spouse right are very import. It can protect the relationship between husband and wife, further more has a active action for familial harmony and social stabilization. Many foreign countries have a perfect and specific legislation about the spouse right. But in our country there still have a lot of controversies.The first part of the paper start from the basic contents of spouse right, analyse and define about concept and primary matters of spouse right. Next the paper talk about the spouse right at abroad, as well as the history of our country development process. At the same time, piont out there have some defects in our country about the legislation of the spouse right. After that aimed at the present legislation in our country right of spouse and the existing problems, we put forward some advices to perfect the legislation of the spouse right of our country. Finally the paper from scope and method two aspects of the protection of the spouse right, to analysis from the civil law standard, the criminal laws and administrative legal standard three parts to the protection of the right of a spouse.Through the analysis we think the spouse right is a right, that legal and valid marriage to the existence of the relationship between as the prerequisite, men and women both parties based on the relationship between husband and wife specific identity and of generation, and that both husband and wife enjoy this right. Between husband and wife, and other any third person can not to infringe upon this identity of interests. The spouse right is private right and identity right. It mainly includes Right of having a name of the spouse. Residence decision right. Connubial Obligation of Loyalty, the Right of Living Together of Couples, the Agent Right to the Daily Domestic Homework, Procreation Right, the Obligation of Helping Each Other and so on. But there have some defects in our country about the legislation of the spouse right, such as provisions too wide, maneuverability is so poor, lack of protection and redress mechanism etc. So should further improve and strengthen the legal protection for the right of spouse.This paper studies the purpose and significance of writing is to through the concrete contents of the spouse right legislation and the analysis of the current situation, makes people to strengthen the spouse to know and understand, urges people to a spouse is infringed upon by law to way to protect his own spouse right. And put forward some more plain spouse right legislation proposals, the hope can promote our country’s spouse right legislation determine and perfect, establish and perfect the spouse right protection and redress system, to strengthen the protection of the right of a spouse.The innovation of this paper place is the right of legal protection for a spouse, not only through the marriage law. the tort liability law and other civil law rules to achieve, as well as to the criminal law and the administrative legal efforts in the provisions of the spouse right, through the criminal laws and administrative protection laws to realize and strengthen the protection for the protection of the spouse right.