Study Of Spouse Right

Family harmony is related to social stability. The marriage is the basis of establishing a family, while the spouse right system is an important barrier to maintain a harmonious family. With some bad atmosphere spread in the community, the numbers of the situation that interests and rights of spouse are invaded in legal marriage increase, such as bigamy, marital rape,, domestic violence, the third person, adultery and etc. Rate of divorce gradually rises, and legal interests and rights of spouse are given even more attention. Spouse right, which plays an important role in the protection of rights and duties between spouses, is an entitlement concept introduced from western countries. Countries and regions with different legal traditions may act quite differently on whether or not they should directly adopt the term of conjugal right, in their laws. However, the conjugal right does exist in the marriage law of any country or region, and the judicial practice has also confirmed the existence of the conjugal right.Spouse right is a big question which is fiercely disputed in the emending of marriage Law, and has not been clearly defined yet. Based on the connotation, the spouse right concrete content and corresponding legal remedies, etc, so as to perfect our argument put forward his spouse system of the legislative proposals. This paper consists of four components:The first part of the main body is to study the basic theory about spouse rights. Firstly it comments on the concept theory of present spouse rights, puts forward the definition of spouse right, draws the historical evolution and natures of the rights of spouse. The second part of this dissertation introduced relevant legislations in foreign countries and what can be learned by us. The third part is the main contents on the rights of spouse. Several major cohabitation obligation and duty of loyalty, couples and reproductive rights, the daily family power of attorney and the mutual assistance obligations of spouses the content of the right details. The forth part is China’s the rights of spouse to legislative status quo and improve.Pointed out the defects of our spouse rights in legislation, and analyzes the reasons for the improvement of China’s the rights of spouse to provide direction, and spouses the right content to put forward appropriate legislative proposals.