Try To Talk About The Spouse Right

With the deepening development of China’s reform and opening up, theconstruction of social system and legal system building, continuous improvement,people more and more attention to the spouse the right to the right to identity themost important in marriage. Spouse the right system originated in Western society,spouses concept of the right, by the common law countries, first proposed to make itbetter. Our spouse the right to legislative status quo, from China in1950, the first"Marriage" to the2011Marriage Law to explain (c) the introduction of the spouserights system in China "Marriage Law" has not been clear requirement but scatteredamong a variety of legal norms on the rights of spouse the right system derived. Thesocial reality of the spouses the right to violations still abound, which will inevitablylead to the protection of our spouses right system is not perfect. Spousal rightssystem is not clearly defined in China’s Marriage Law does not mean that the systemof rights development in China is very mature and perfect, eliminating the need toprotect them on the legal level, but the Chinese law experts debate the meaning ofspouse right and whether the system should be into the law there has been debateand differences. However, I believe, in our legal right of spouses to make clearprovisions of the needs of social reality, because the system is accompanied by thegeneration of the marital relationship, which means that as long as the maritalrelationship, then it is bound spouse the right system, so in order to carry out therights of a full range of force protection, only the spouse the right to clearly definedlegal norms. Definition and protection of our legal spouses the right there are stillmany deficiencies. Therefore, clearly define the spouses rights and build the perfectspouse the right system of legal norms has become our laws need to solve theproblem. Looking at the current legal system on the spouses the right to build andprotect the provisions, found that there are many problems and deficiencies: theexisting marriage law "provisions of the spouses the right system is too brief and general; law for the protection of the spouses the right to the lack of long effectiveprotection mechanisms; China’s legislative focus only on the spouse the right tosocial attributes, while ignoring the natural attributes.The full text is divided into five parts. The first section briefly describes theChinese scholars on the concept of spouse right kinds of theories, and the spousesthe right as the right to an identity with the characteristics contained in the intrinsicproperties of, and your spouse the right to specific provisions in the legislation ofother countries as a power, on the historical process of the spouses the right toevolve. This part as the basis of part of the whole article writing for the follow-updiscussion of the spouses the right to provide a basic prerequisite. Necessity andpossibility of the second part of the right to introduce spouse provisions in our laws,respectively, from a legal and moral adjustments on the relations between spouses,spouses rights and the current civil rights system, the spouses the right to marriageand our spouse’s right to protection can stealth apply to the four angles of the tortLiability Act "were analyzed. This is harder to reflect the urgency of the spouserights law. The third section describes the basic content of the spouses the right to, inthis article that the spouse the right to include cohabitation rights and obligations,this six-part of the duty of loyalty, daily family power of attorney, shelter discretion,the right to husband and wife name, and couples reproductive rights. The fourthsection describes against the spouses the right to conduct and the violationsidentified. Section V is the spouse violations of the right of civil remedies, whichfirst introduced the status quo of China’s legislation on spouse right system requires,and then describes the ways and means of civil remedies.