The Reflection On The Contents And The Relief Of Spouse's Right

In recent years, more and more phenomenons of invading the spouse's right have aroused society's universal attentions. So in academia, the research about the spouse's right becomes the hotspot.The spouse's right is a kind of important basic identity rights. it relates to not only the marital quality, family harmoniousness, but also society's stability. It is very important to research the spouse's rights. This article elaberate my own viewpoint about spouse's right through three parts: the nature, the concrete content and the relief. Besides the introduction and the conclusion, there are three parts in the main text:Part One: the summary about spouse's right.There are two aspects in this part. One is the concept of the spouse's right. The author proposed own definition of spouse's right through the analysis about the concept of spouse's right in the societ. The spouse's right is a basical identity rights which requests the husbands and wives both sides to live and help each other. It is based on the legal marriage relations, between husbands and wives. The other is the nature of spouse's right.Firstly, spouse's rights is an identity rights with personality nature. Civil rights is basicly divided into two parts,one is property rights,the other is personal rights (it alsoincludes personality rights and identity rights). Scholars have different views on which part spouse's right should belong to.Some of them think the spouse's right is composed by three parts:personality right ,identity right,and the property right. Some of them think the spouse's right include spouse personality rights and spouse identity rights. Some of them think the spouse's right is a basical identity rights.The author thinks that it is an identity rights with identity attribute. Secondly, the spouse's rights has absolute rights in one side: First the spouse's rights belongs to the identity right, and the personal rights,therefore, it belongs absolute rights without doubt; Next, spouse's right is based on spouse status, and the spouse status is based on the marriage. We can say that spouse's right is belongs to the absolute rights from the marriage system. We also can obtain this conclusion from the development of spouse's right. Lastly, the spouse's right belongs to relative rights attribute. The author thinks that the spouse's right has the contract attribute. Therefore,it must produce a relationship which enbodies the rights and the duty between the husbands and wives.Husbands and wives both enjoy the rights and the duty. so it has the relative rights attribute in the other side.Part Two: the contents of the spouse's right.It also includes two parts. One is the dispute and the analysis about the spouse's right. The author's view point is: we should be clear about which benefit can be adjusted,which can't be in the law when we give the concepts to the content of spouse's right. Then we can analysis it according to the nature and the attribute of the spouse's right.Through the analysis and comparison about the many kinds of contents of spouses's right, the author first eliminates the moral standard, the public law content rights, and the rights which belong to the property rights, personality rights.Then the author gets an inclusion: the content of spouse's rights includes two aspects: marital rights and faithful claim. Marital right includes three parts: sexy rights,the assistant rights and the attorneyship of dailyfamilymatters.The other is the concrete content of the spouse's right. In this part it elaborates the concepts of marital rights and the faithru claim. It also elaborates the three main rights : sexy rights, the assistant rights and the attorneyship of dailyfamilymatters.Part Three : The infrigement to spouse's right and its civil relief.In this part,firstly the author simply introduces the category of infrigement to spouse's right.According to the standard of classification and its nature ,the author thinks that the infringing act of spouse's right can be divided into four classification.The first is inside and outside infringing act of spouse's right,the second is aggressive and negative infringing act of spouse's right,the third is solitude and commom infringing act of spouse's right,the fourth is direct and ndirect infringing act of spouse's right. At the same time,according to the concrete content of spouse's right,the author presents concrete types of infringing act of spouse's right particularly.Then, the author simply introduces the civil liability of infringement of spouse's right and it's constitutive requirements. Generally speaking , The constitutive requirements of the civil liability of infringement of spouse's right and general infringing act are the same.it has four requirements:illegal activities, facts of damage, the causative relationship between illegal activities and facts of damage , subjective fault, the infringing act of spouse's right.finally, the author presents the means of the civil relief of each concrete infringing act of spouse's right. Meanwhile, the author think that the extension of civil relief could include compensation for spiritual loss.Meanwhile, we should break the time limit of compensation. We should not only acknowedge the compensation after devorce,but also the compensation in marriage. According to different property system which are the agreement property system, distinctionproperty system and the legal husbands and wives individual uniqueproperty system,we can decided the man in fault use which part of properties to carry on the compensation. Therefore, the man who is in fault can assume responsibility . and the unblamable person can obtained the compensation from the man who is in fault. In this way,the relationship of marrige can go on maintaining. It not only punishes the mistake behavior, but also educats the man in fault. It also defends the rights of the unblamable person. It guarantees the stability of marital family. At the same time,the author thinks the beheavors of infrigement to spouse's right which would be compensated is too narrow to protect the spouse's right. The serious beheavors of infrigement to spouse's right should compensate.Therefore,the author thinks it's necessary to perfect the spouse's right in law in two aspects. On the one hand , we should stipulate the concrete contents about the spouse's right which is not stipulated now. we should also pefect and detail the contents which have been stipulated at the same time.On the other hand, we should make the concept of spouse's right clear in the law about marrige. In this way, the contents of spouse's right can be in the range of the leagal protection. To the relief of the infrigement to spouse's right, the author thinks the other action of the infrigement to spouse's right should be brought into the range of civil relief.meanwhile, the compensation in marriage should be acknowledged.In these ways, the spouse's right can have a better protection.