Research On The Protection Of Spouse Right In Civil Law

Spouse right is established by legal conjugal relation, and the rights andobligation between couple is based on Husband-wife relation. Spouse right isabsolutely identify right, and mixed with rights and obligation. It is not onlyimportant for stabling the husband-wife relation, but also important for the harmonyof family, the conception is proposed by common law legal system countries, and it isvery perfect abroad. The concept of spouse right is not concluded in Marriage Law ofthe People’s Republic of China, and relative regulations are imperfect. With theincreasing of spouse right tort, more and more damaged people claim for theirlegitimate right， but it is difficult for legal scholar to reach consensus whether it isnecessary to set up the relative regulation of spouse right.The paper try to write from the basic content of spouse right, defines the right asidentify right which is established by legal conjugal relation, and the rights andobligation between couple is based on Husband-wife relation. Its basic character ofthe right is: the relativity, the equality of rights and obligations. By studying thehistorical origin and development course of spouse rights to improve the civil law andprotect the right of spouse.What are the specific contents of spouse rights, there is no agreement betweenthe academic communities. Based on the discussion about the legal nature of the rightof spouse, the spouse rights include the right of cohabitation, reproductive rights, theright of daily family agent. The right of cohabitation, refers to the legal marriage, thespouse and the other party has the right to live together and perform the obligations ofcohabitation; the right of chastity, refers to the husband and wife in the life of boththe exclusive, or the couple may not have sex outside of marriage of third people;reproductive rights, refers to a legal marriage couples enjoyed through natural orartificial insemination children, entitled to independently decide whether or not tomaternity and children, and the number of time intervals of rights; the right of dailyfamily agent, refers to the couple family daily affairs with third party or legalbehavior of the agent right, after the couple to behavioral results shall be jointly andseverally liable. The elements of spouse right tort, including the damage fact, causality, illegalact, subjective fault. According to the basic theory of civil law, the spouse rightsbehavior infringement behavior is divided into internal and external violates the rightof spouse behavior violates the right of spouse, the behavior of individual right to actagainst the spouse and the common right to act against the spouse violates the right ofspouse, positive and negative infringement behavior, the behavior and directlyviolates the right of spouse indirect infringement behavior of four types of spouseright. According to the characteristics of the right of spouse, the spouse rightsinfringement can take the cessation of the infringement, compensation for losses, toeliminate the influence of rehabilitation of reputation, apology.In China, the spouse rights legislation is not perfect, mainly including the lack ofprovision for the concept of spouse rights, tort law in the content of the conjugal rightis unclear, the spouse rights are not clearly defined. To solve the above problems, thepaper puts forward the system of burden of proof and evidence collection system, theestablishment and the divorce system matching the spouse rights, separation andseparation system, establishing perfect tort damage compensation in the marriagesystem, cancel the premise of claim for damage compensation in the marriage law,the right of spouse the spouse the right suggestions in divorce.Through the analysis，the paper thinks that the spouse right is specific identitywhich based on the relationship between husband and wife, husband and wife enjoyexclusive， between husband and wife and any other third person shall be embodiedmarital status specific interests infringed rights. At present, spouse rights system ofthe existence of the provisions are too broad， operability is not strong, the lack ofprotection and relief mechanism, we should further improve and strengthen the legalprotection of spouse rights. The purpose of this research and significance of writing isto think through the concrete contents of spouse rights as well as the analysis of thestatus of legislation，strengthen the awareness and understanding about spouse rightsof people， so that people can through legal channels to safeguard their legitimateeffective spouse rights are violated in the spouse right. At the same time， puttingforward the suggestion to perfect some more simple spouse right, in order to promotethe spouse rights in our country determine the legislation and perfect, establish and improve the protection of spouse rights in our country and relief system,strengthening the legal protection of spouse rights.