Study On Legislation Of The Right Of Spouse In China

The rights of spouse at present which are mainly based on the legal marriage arethe link adjusted by the internal and external relationships between spouses. Theadjustments of the rights and obligations of husband and wife are guaranteed by legalmarriage which is also an important reflection of civil rights. They are not onlyrelated to the interests between the spouses and families, but also related to socialstability. Now relevant theoretical studies and legislations of the rights of spouse aregiven highly attention by countries around the world, the reason is that the unstablefamily marriage also directly affects the social stability and development of a country.Accordingly, the importance of the rights of spouse in China shall be improvedcontinuously. The demands for providing social relief to victims and punishing theinfringers of the rights of spouse are increasing in judicial practice and the increasingdivorce cases. Victims in the divorce cases generally do not understand the scope ofrights nor seek the complete legal relief.The rights of spouse are basic rights of status between spouses in the legalmarriage, which constitute the rights system between relatives with parental rightsand the rights of relative in China. The rights of spouse are the right of identity, theright of relativity, the right of claim and the right of domination based on itscharacteristics. The rights of spouse have been studied carefully by scholars; however,due to the otherness in the actual legislation, the rights of spouses are defined on anarrow range combining with the legislative practice. The rights of spouse are underthe condition of legal marriage, the contents mainly include: the right of being faithfulin virginity, the right of handling with daily affairs and the obligation of supportingand assisting each other. At present, there is no concept concerning the rights ofspouse in laws and regulations in China, the stipulations of the rights and obligationsbetween husband and wife are existed in the related legal provisions which are therights of spouse in terms of the essential meaning. Hence legislation of the rights ofspouse is studied and it includes: guiding and improving the legislation of the rightsof spouse, defining the related responsibilities of the rights of spouse within the scope of laws, establishing the legal reason of breaching the obligation of being faithful forthe divorce, establishing the study on the mental compensation legal system ofbreaching the rights of spouse in order to possess of a clear stipulation of the rights ofspouse on the specific content of rights, establish the right system between relativesand stipulate the corresponding legal responsibilities for the behaviors of violating therights of spouse.