Research On Protection Of Personal Rights Between Spouses

Marriage and family relations, social relations are complex basic part, the marital relationship is the most basic unit of social relations. Marital happiness, family stability is the basis for social stability and harmony. However, in real life, tort between spouses increasingly serious problem, especially in terms of violation of personal rights of way are also showing a wide range of infringement, the personal rights of spouses an increasing need to protect the use of legal means. However, China’s current legislation on the protection and remedies spouses personal rights that lags behind, our legislation does not recognize the tort liability between spouses during the marriage, nor spousal compensation for damages infringing conduct rules, so to can not provide comprehensive protection for personal rights between spouses. Only valid legal norms of the spouses can constrain individual behavior, violations of personal spouses to regulation, to protect the personal rights of spouses play an important practical significance.In this paper, the content is divided into five parts:The first part is an introduction, including research background and significance of the topic of topics, current research situation at home and abroad, domestic and foreign scholars have been related research, and methods topic and innovation. The second part is an overview of the theory of spousal personal rights protection, including protection of personal rights between spouses and their meaning, and significance and forms the basis of personal rights guaranteed by the spousal benefit of spousal assault and battery. The third part introduces legislation before spousal guarantees personal rights, including among foreign countries and regions concerned spouses personal rights guaranteed by legislation:Anglo-American law, as well as legislation to protect personal rights between spouses of Hong Kong, Macao and Taiwan regions and the mainland before. The fourth part of the spousal lack of legislation to protect personal rights that exist:China’s "Marriage Law" provides that kind of personal rights between spouses fewer problems, lack of reproductive rights between spouses, to define the third person cohabiting too narrow, "Anti-domestic Violence law (Draft)" deficiencies in the existing relief system is difficult to achieve an effective remedy for victims of spouse and spousal tort liability provisions of shortage. Section V presents legislative propos als to improve inter-personal rights of spouses security:increase the types of personal rights of spouses, spouses improving reproductive rights, to "prohibit the spouse living together with others" make reasonable provision science, improve the anti-domestic violence legislation, step up our efforts to increase the spousal very property system to protect the personal tort damages compensate a spouse, as well as improve the spouse’s personal tort liability provisions in the "Marriage Law" in.