| In 2001,the Marriage Law only stipulated the husband and wife's right to name,personal liberty and family planning obligations,and the legislation was not perfect.The academic research on the personal rights of husband and wife is only an annotation and interpretation of the law,and it has not been able to systematically study the rights from a macro perspective.At the same time,with the development of the society and the enrichment of people's material living conditions,a large number of issues concerning the personal rights of husband and wife have emerged,which have brought serious troubles to the judicial organs.During the compilation of this civil code,it is indeed necessary to improve the content of the personal rights of husband and wife,so as to provide sufficient legal basis for China's judicial practice.Since the founding of new China,three marriage laws have been promulgated,but the provisions on the personal rights of husband and wife in these three laws are very simple.Second,the content of the system is missing.Third,the right relief mechanism is not perfect,civil law relief only divorce damage compensation system,can not meet the needs of reality.The reasons can be roughly summarized into three points: first,the idea of the legislator,who does not pay attention to the legislation of the personal rights of husband and wife,that the personal relationship between husband and wife should not be too detailed provisions,should not interfere in the relationship between husband and wife issues;Second,the legislative technical factor,following the legislative orientation of "appropriate thick rather than fine",the law has obvious generality and principle;Thirdly,the limitation of historical conditions has not broken through the restriction of legislative tradition,legislative mode and historical background.The rights and obligations of husband and wife cohabitation refer to the rights and obligations of both men and women living together as spouses.Cohabitation obligation should not be regarded as legal obligation due to the large scale of population flow in China,the consideration of protecting the interests of the vulnerable party of husband and wife and the difficulty of relief.Husband and wife faithful right and duty are to point to chastity duty,broad sense still includes husband and wife to must not maliciously abandon spouse other party,must not sacrifice for the benefit of the third party,harm the benefit of spouse other party.Due to the change of sexual concept,the high proportion of affairs and the difficulty of relief,the duty of loyalty should not be regarded as a legal obligation.The power of agency in daily family affairs refers to the natural power of agency when the spouse and the third party are engaged in certain legal ACTS due to the needs of daily family life,and the other party being represented is jointly and severally liable for the debts arising therefrom.As the daily family agency is conducive to solving practical problems,promoting the equality between men and women,expanding the scope of the autonomy of both parties,and protecting the safety of transactions,it is necessary to increase the content of the daily family agency in the marriage and family planning.On the occasion of the compilation of marriage and family in the Civil Code,the perfection of the husband and wife personal rights system is the demand of the day-to-day attribute of marriage.It has a profound material condition basis and ideological basis.At the same time,it should also follow legal adjustment and moral adjustment,taking into account personal interests and social interests.The principle of equality between men and women,promotion and maintenance of family stability and harmony.The rights and obligations of husband and wife to live together and the loyal rights and obligations remain the advocacy provisions of the law,but the responsibility of third parties needs to be increased.Daily family agency rights must be stipulated and the scope of daily family matters needs to be clarified. |
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