The Application Of Marital Faithful Under The Background Of The Civil Codification

Acts of bigamy,spouses cohabiting with others,adultery and prostitution continued to rise,leading to discussions in the academic and practical world on the statutory obligations of husband and wife.Article 4 of the Marriage Law,as amended in 2001,stipulated that "couples should be faithful to each other." However,it is only a principled provision and there is no corresponding legal application clause.In real life,it has not attracted everyone's attention.The act of violating the faithful obligation of husband and wife still occurs in a large number,seriously affecting the harmony of marriage and family relations and social stability,and it is also not conducive to protecting the legitimate rights and interests of the injured spouse.At the same time,when dealing with cases that violate the fidelity obligations of husbands and wives in judicial practice,due to the uncertainty of the application of laws,the inconsistencies in the law applicable to the actual case,or the laws that are not applicable to the c ase,have resulted in the dilemma of different judgments in the same case.The compilation of the Civil Code provides an opportunity for the solution of this issue.The promulgation and implementation of the “General Principles of Civil Law” has increased the protection of personal rights and interests.It specifically pointed out that the personal rights in marriage and family are protected by law.Marital obligation is one of the important personal rights between husband and wife in legal marital relations.It is imperative to perfect its legal application.Considering that the scope of the conscientious obligation for husband and wife in the current marriage law is too narrow,the litigiousness is lacking,and the relief approaches are limited,it is difficult to effectively achieve the protection of the husband and wife's duty of loyalty by relying solely on the provisions of the Marriage Law.Therefore,under the vision of compilation of this Civil Code,according to the specific situation of our country and the reference to the extra-territorial excellent experience,we will conceive the perfection of the legal application of the husband and wife's loyal duty from three aspects.The first aspect is to put forward a consummate conception of the conscientious obligation of the husband and wife in the compilation of marriage and family,including the specific content and the normative system.The second aspect is to perfect the concept of husband and wife's duty of loyalty in judicial proceedings,including increasing their suitability and the distribution of the burden of proof.The third aspect is to put forward a consummate conception of the application of legal remedies to marital and family affiliation to the husband and wife under the framework of the Civil Code.To increase its legal application with the general provisions of the civil law and other regulations in the subsections,and improve the legal remedies for the husbands and wives' duty of loyalty in order to provide a good solution to the problems in the legal application of the husband's and wife's duty of faithfulness and legal remedies.