Research On Spouse Rights Infringement Relief System

Once the legitimate marriage is set up, it will establish a series of new personalrelations between husbands and wives, that is the so-called “spouse right”. The concept ofspouse right was first suggested in British and American countries. Many countries andregions has been applied this concept in the marriage law. The mainland of our country didnot use this concept. Although there are some specification of the spouse right have beenprescribed in the current marriage law, too simple to lack of corresponding legal relief.However, with the continuous development of social economy, people’s living ideachanged diversification and all kinds of contradictions have emerged in endlessly. So bringthe right to completion is very necessary. As a train of thought, this article from thefollowing five parts to discuss:The first part is the introduction, put forward the realistic necessity of the spouserights infringement relief research based on today’s society background, reviewed andsummarized the domestic and foreign scholars to the spouse rights system point of view,made a brief overview of writing method in final. Second part to analysis the spouse rightsin detail, including the basic concept of spouse rights, characteristics and content. Analyseslegal remedies for violations of the right of spouse,According to compare the right ofspouse tort behavior and general tort particularity, we can summarizes its has a seriousillegal act, subjective fault, damage fact, causality between the four constitutiverequirements, points out the analysis of its different external tort and internal tort. The thirdpart introduces the domestic for the right of spouse tort legislation present situation andpoints out the shortcomings. Fourth part refer to the continental law system countries andAnglo-American law system countries and Hong Kong, Macao and Taiwan region in ourcountry about spouse rights legislation status, in order to the improvement of the system ofspouse rights violations of the law of remedy. The fifth part is consummates our countrythe spouse right infringement relief system rationalization proposal is put forward. First putforward the protection system of spouse rights from the perspective of substantive law,including clear the spouse rights related concepts in the legislation, perfecting the systemof spouse rights to damages, strengthen the punishment on the criminal law and so on. Give reasonable suggestion from the perspective of procedural law and put the spouserights infringement relief into reality, including forensic evidence, of the statute oflimitations, civil protection order, etc. In order to improve the system of spouse rightinfringement relief.