On The Legislative Perfection Of China’s Spouse Right

With the continuous development of the market economy in our country,people’s living standards have increased and people’s ideological concepts have changed significantly.The ideological forms that adapt to the characteristics of people’s lives and the characteristics of the times are constantly replacing the traditional way of thinking.This ideological change has a great impact on family life.The phenomenon of infringement of spouse rights in real life has gradually increased.Most of them are reflected in the influence on family relations.The divorce rate keeps rising,showing an increasing phenomenon every year.Providing necessary legal remedies for victims becomes an urgent issue.At present,there is no explicit stipulation on the right of spouses in our country’s laws,and the rights and duties of spouses are involved,but there are no complete provisions.First of all,this article outlines the spouse rights,and discusses the concept,nature,legal attributes and specific content of spouse rights in detail.The right of spouses is a general name for the rights and obligations between spouses.It is a right which is based on the identity of a spouse.It has the characteristics of relativity and mutual nature.Each obligation has the right to be corresponding to him,and every right also has its corresponding obligation.What kinds of rights and obligations should be included in the spouse’s rights,this article combines the nature of the spouse’s rights and legal attributes to determine a certain selection criteria.By analyzing the status quo of China’s legislation on spouses’rights and the problems existing in judicial practice,we can divide the legislative issues in China,s spouse rights into two aspects.On the one hand,the specific contents of spouses’ rights are not clearly defined,and there are no clear provisions on loyal obligations,cohabitation obligations,and family agency rights;On the other hand,the remedy for the infringement of spouse’s rights is not perfect,and only one way to compensate for divorce damages.In order to better solve the problem,this article conducts in-depth research and discussion on the relevant provisions of the civil law system and the Anglo-American legal system on spouse rights,and draws useful inspiration,and propose solutions in the final part of the article.In the last part,we first explain the principles that should be followed in solving the problem of the legislation of the right of spouse in our country,and then put forward some suggestions to solve the relevant legislative problems with the foreign legislative experience.There are two problems in the legislation of spouses’ rights in China.There are also two aspects to improve the spouse’s rights.On the one hand,the specific content of the right of spouse is clearly defined.On the other hand,it is to improve the remedy for the right of spouse by increasing the relief in the marriage and the third party’s tort relief.The marriage law is an important part of the civil code.The spouse’s right as an important content of the marriage law should be embodied in the civil code.At this time,the legislative perfection of the spouse’s right has important significance to the compilation of the civil code.