The Legal Thought On Spouse Rights In China

Identity as a basic right of the spouse the right to marriage and family relations in the adjustment to play with other civil rights can not replace the role, not only to balance the interests of the parties, but also to maintain the healthy and orderly operation of the social order. China’s "Civil Law","Marriage," adapted and reflects the right of civil legal relationship of spouse to adjust the requirements of legal protection for the spouses the right to the basic theory of sound, stable family structure, promote social harmony, have played a positive role. However, my spouse is no clearly defined right and no right to form a perfect protection mechanism, when violations of the right spouse, especially from a third party outside of marriage violated, damaged the interests of the spouses is difficult to obtain appropriate legal remedies. Currently, the community "mistresses," the phenomenon of more serious affair, also on the rise of domestic violence. Therefore, it is necessary to build a harmonious society, from the height of the right legal protection status of the spouse to address the flaws, the right of spouses to play the legal value of the protection system and social effects, and safeguards the right of spouses to seek the diversification of means. This paper attempts to protect the right of the spouse of our status on the basis of rational analysis, from the legislative and judicial sound perfect to explore and improve both spouses the right to legal protection mechanisms.