Study On The Construction Of China’s Marital Rights And Obligations

With the transformation of people’s legal thought and enhancement of right consciousness, specific rights and obligations between couples have been gradually concerned and focused on by the marriage parties. Although the amendment of "marriage law" in2001 and supreme people ’s court refined and modified original provisions in followed three times of judicial interpretation, and added relevant contents of marital rights and obligations, made the marital rights and obligations to be confirmed to a certain extent in China’s marriage law and related legislation. There is still no complete and systematic system of marital rights and obligations, for example, the connotation and legal responsibility of marital rights and obligations is not clear, the normative logic structure is not complete, content provisions are not specific. In these problems, this paper takes a theme of China’s marital rights and obligations construction, starts from the basic theory, discusses the construction base of marital rights and obligations and system improvement through comparing and analyzing foreign system, as well as reflecting the existing problems of China’s marital rights and obligations.This paper discusses the construction of China’s marital rights and obligations from five chapters, and the contents include introduction, text, conclusion and references.Chapter one is the introduction, which explains the research background and significance. It mainly summarizes the marital rights and obligations from two aspects of current legislation and academic research, reviews the current legislation and main viewpoints of scholars, and puts forward the research significance from theory, system and practice.Chapter two is the basic theory and basic knowledge of marital rights and obligations, which mainly includes the basic theory of spousal relationship, basic understanding of marital rights and obligations, types of marital rights and obligations. Firstly, it analyzes the couple semantics in the basic theory of spousal relationship, and demonstrates the definition of couple and nature of spousal relationship. Then, basic understanding of marital rights and obligations is mainly explained from four aspects of closeness and openness of subject in marital rights and obligations, diversity of objects, ambiguity of nature, enforceability and unenforceability. Finally, types of marital rights and obligations classify form three aspects of generation basis, standard form and legal nature of spousal relationship.Chapter three compares the marital rights and obligations system at home and abroad. First of all, it studies the development of marital rights and obligations system from a vertical angle, and finds that the legislative style of marital rights and obligations has experienced devious evolution process, which develops from ancient authority of the husband to modern different couple system, and finally the contemporary equal legislation of marital rights and obligations. Then, it studies the marriage legal system in modern foreign countries from a horizontal angle, and finds that the marriage legal system of two extraterritorial legal systems has detailed and specific provisions on marital rights and obligations. At the same time, they also fully embodies the spirit of freed marriage contract. Thirdly, it studies relevant laws and regulations of marital rights and obligations in modern and contemporary China, and concludes that China’s legislation is different from foreign legislation on contents of various rights and obligations. Finally, based on comparing the marital rights and obligations system in two major legal system countries, it concludes the enlightenment of marital rights and obligations system in foreign countries on China’s marital rights and obligations system establishment.Chapter four is about existing problems and reflection on China’s marital rights and obligations. Based on combing and analyzing the legal status of China’s current marital rights and obligations, it puts forward problems in China’s marital rights and obligations and reflects them. First of all, it points out that China’s marital rights and obligations have the problems in legislative idea, normative structure and normative logical structure. Then, it reflects problems in China’s marital rights and obligations from social basis, ethical basis and legal basis.Chapter five is the construction idea and rule design proposals for rule design proposals. This chapter is divided into three parts. First of all, it demonstrate the construction base of China’s marital rights and obligations from the social basis of China’s marital rights and obligations, marriage ethics foundation and value foundation. Secondly, it elaborates the construction ideas of China’s marital rights and obligations from legislative choice and construction principle. Finally, by proposing to adjust the legislation structure of China’s marital rights and obligations and specific suggestions to improve legislation, it elaborates the rule design proposals of constructing China’s marital rights and obligations.The conclusion part summarizes the views of the text, and gives a brief description on bottlenecks encountered in author’s writing and contents to be further studies.