Research On The Protection Of Consortium

Consortium is one of the most important rights in marriage.It reflects theessence of marriage.Not only for marriage,but also for the stability and developmentof the society has a very important influence.In China it is insufficient to research onconsortium.A lot of content is not very detailed research.There are also a largenumber of disputes on the definition of consortium,the nature of consortium and thecontent of consortium.For chinese social reality,this article which is based on thenature of consortium and on foreign-related legislation discussed the content ofconsortium and put forward legislative proposals.Consortium refers that couples mutually exclusively enjoy the rights of spouseswhich based on the spouse status.And no one can violate the rights.Consortium havethe nature of four aspects which are identity,internal relativity and external absolutenature, exclusive and equality.Consortium includes six aspects which are the right torequire spouses to maintain purity of the faithful,the right of cohabitation,the agentright to the daily domestic housework,the right to request the spouse to givemaintenance and help,the right of couples to procreate and the right to decide theplace of residence.I would like to explain historical inevitability of consortium.In the basic samecase of historical conditions,most of the countries and regions for protection of themarriage went through similar phases,such as manus and reputation right to protectmarriage. It has a certain rationality to protect marriage under the specific historicalconditions.At present,consortium as a means of protection of the marriage have beenmore mature in the common law and in the civil law.But in China there are still a lotof disputes.Whether it’s pro or anti-view has certain merits and weak points.I think different understanding of the nature of consortium and different understanding ofthe value of consortium led to those disputes.Consortium which will exist in our country have a certain necessity.I mainly usethe value analysis method for suggesting important status of consortium in marriageand Chinese legal system.It is analyzed that the lack of legal system of consortium isnot complete and it dose not effectively protect marriage.And I use social analysismethod to prove that we need consortium to solve the problems which are caused byfour reason such as Chinese rapid economic development，population movement，theimprovement of the quality of laborers,cultivation of emotional betweed husbandand wife.Then I explain consortium should exist in our country and should make theappropriate legislation.Consortium should set up and take measures to enable the consortium to have acertain feasibility.If consortium without any feasibility in real life,It will betantamount to a dead letter.The marriage cannot be effectively protected.I hope tomake consortium perfect through the experiences of foreign countries,a set ofsubstance and procedure.The destruction of consortium can be punished by law.Consortium in our country’s legislative system is an indispensable part of. Mostof the rights of the content has not been implemented.Through this paper,I want itwill be able to play some references and promotions role in terms of consortium’slegislation and perfection in China.And I hope that establishment of consortium canpromote family harmony and increase social stability factors.