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Theoretical Research On The Legislation Of Spousal Rights

Posted on:2021-11-22Degree:MasterType:Thesis
Country:ChinaCandidate:J W DengFull Text:PDF
GTID:2516306092490134Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Right of spouse is a comprehensive right based on legal marriage.As a legal right to regulate and adjust the relationship between husband and wife,there are some flaws in the legislation of spouse right in China.The perfection of the legislation of the right of spouse can promote the harmony of marriage and the protection of the right,and guide people to a kind of right mode of mutual respect.Firstly,the public power to moderately intervene in the marriage relationship is legislation,and necessary to improve the legislation level of spouse right.Secondly,refer to the foreign regulations of spouse's rights,and analyze the shortcomings of the tort liability of spouse's rights in China.Then to interpret the contract of marriage,the right of spouse in the perspective of marriage contract promotes the harmony of the marriage community,and the right of spouse to promote the marriage for long continuity.Finally,women's human rights are an important part of human rights,domestic legislation is an important way to realize human rights,and solve the problems of domestic violence and reproduction.Improving the legislation of spouse right not only has the legal value of perfecting the legislation system,but also has the social value of promoting the marriage harmony.In view of the lack of spouse's right in marriage relief in China,this paper puts forward some suggestions to improve the system of marriage relief,and the legislation should give the spouse the right to obtain relief.In view of the possible negative effects of the split divorce,this paper proposes to improve the legislation of divorce relief for the vulnerable party,and to reduce the damage of divorce to the parties through certain compensation.
Keywords/Search Tags:Right of spouse, Liability for tort, Contract of marriage, Women's Human Rights
PDF Full Text Request
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