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Research On The Problem Of Spouse Right

Posted on:2018-05-22Degree:MasterType:Thesis
Country:ChinaCandidate:C X LiFull Text:PDF
GTID:2346330515488213Subject:Law
Abstract/Summary:PDF Full Text Request
As our economy grows faster and faster,the system of theoretical value of diversification is born.Our society is made up of countless small and large families,and if society wants stability,the family must get along well.It is the relationship between husband and wife that plays a decisive role in the relationship between the husband and the wife.But our real life,a lot of bad phenomena occur frequently,especially some violations to the phenomenon of spouse rights,bigamy,small three,and so on,for example,the maintenance on the relationship between the husband and wife in the family is a big challenge,has caused more and more divorced people,family instability and social unrest.Therefore,it is necessary to establish and perfect the system of spouse rights in our country,so as to maintain the good relations between couples.This paper uses a variety of research methods,including comparative analysis,literature research,analyzed the spouse rights content,the meaning,nature and contains large space describes the status of the spouse right now in our country,have what problem,and how to solve the problems of spouse rights system puts forward related Suggestions.There are five main parts:The first part is the idea of a spouse's right.One is to show what is the right of the spouse,to analyze the various theories that exist,to show what the right of the spouse is.The second is to spend a certain amount of time analyzing the nature of the spouse's rights.Features and attributes,which argue that the right to a spouse is not only an absolute property,but also a relative property;Third,it compares the development of different countries in the system of spouses.About spouse rights in the second part specifically describes the seven related content: reproductive rights of husband and wife,husband and wife to maintenance,the right to couples living together and faithful obligations between husband and wife,the husband and wife name,the right of residence the decision and the daily housework agency of husband and wife.The third part of the spouse rights in our country's current situation were described in detail,said the current our country some people in favor of the build system of spouse rights,others don't agree with build system of spouse rights,and said it is necessary in our country and have a strong need to establish and improve the system of spouse rights.In addition,nowadays the spouse rights system in China is presented in aspect of three specific issues: one is no specific provision spouse rights is what property,it caused a small three,marital spouse rights are violated,infringement party can't good use legal weapons to rights protection;Second,the contents of the rights of the spouse are not specified in the provisions of the laws of China.Third,when the right of spouse and spouse is violated,there is no suitable remedy for adoption.The fourth part mainly referred to the foreign spouse rights protection problems,based on the civil law countries such as France,Germany,Japan,Switzerland,and common law countries such as Britain,the United States about spouse rights and reference for legislation,it is concluded that the suitable for our country about to establish and improve the system of spouse rights related experience.The fifth part,based on the elaboration of the previous four sections and the existing problems,puts forward the corresponding countermeasures.One is to write the relevant content of the spouse's rights specifically and comprehensively into our country's laws;Secondly,it is a kind of absolute right to determine the right of the spouse to allow the third party to infringe on the right of spouse.The third is to improve the remedy that can be taken when the spouse is harmed.In order to establish the system of the right of spouse in our country.
Keywords/Search Tags:Spouse right, Spouse right protection, Absolute right property
PDF Full Text Request
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