A Research On The Legal Problems Of Spouse Rights

The system of spouse power is always a controversial issue in our country's legal science theory and the judicial practical realm. China's legislation has not yet clearly defined the spouse rights and relief system, but in judicial practice, the right of spouse abuse problem has become increasingly prominent, especially the third party's interference and"adultery","cohabited"seriously affected the normal order of marriage. Although the new revision of the Marriage Law, Article 3 stipulates:"Prohibit who has a spouse with another person,"increasing the fourth :"husband and wife should be faithful to each other", but only in principle, and avocations in the provisions, there is no corresponding allocation of substantive right , does not establish the responsibility and corresponding relief system. Moreover, Chinese current marriage law in pursuit of violations of the civil liability, instead of the actual violations, but based on the premise divorce, and only to the spouse of the mistake made, not to the third party, This has resulted in the victim spouse weigh the pros and cons, most are not willing to receive compensation and give up their own marriage, thus creating that who receives the illegal violation actually not to be able to obtain the legal corresponding compensation and the person who violates ,on the contrary, gets off scot-free ,this is not conducive to the parties to protect their rights, and that the perpetrators must be their own fault runs counter to the principle of responsibility. Looking at the world, the law of many countries recognized that act of adultery or cohabiting is a tort, and the no-fault has the right to request compensation for the damage, not only to the spouse of a mistake made, but also to the third infringement made. Therefore, the author, on the basis of digestion and absorption the research results of many scholars', in an attempt to make some theories on the spouse power abuse and its the civil relief, put forward some immature opinion, in order to better improve our marriage and family law system.There are five chapters composed of the article by the total, there are about fifty thousand characters in all. Chapter I introduce the connotation and historical origin of the spouse right. Firstly,in comparing with the various theories of the spouse right, I put forward my view on the concept, the legal nature and the characteristics of the spouse right. The right of spouse requests the dominance reunification between internal and external. Secondly, I analyze the development of various countries in longitudinal and horizontal direction.Chapter II is the contents of the spouse right. Under the assessment and summarize the concept of the theory, the right of the spouse should include major cohabitation right, the right to request faithful obligation and reproductive right.Chapter III is the violation and relief of the spouse right. Under the tort law theories, I believe that the"adultery","cohabited"sex outside marriage should be defined as the right of violation against their spouses, accompanied by the corresponding accountability mechanisms to be adjusted. The author discussed in this chapter that what are the constitute elements for the spouse right violations and summarized the content of the right type of infringing the spouse right.Chapter IV is about our existing system and the quo defects of the spouse right in our legislative status.Chapter V is to perfect the system of spouse right. Perfect the empowerment in spouse right and improve civil relief system. Especially to name the right of spouse, to establish the right of cohabitation and separation system for the regulation of marital infringement, to establish marital damage compensation system, to expand the expansion of tort liability to the third person, letting the unerring party have the right to choose, to expand tort type, to broaden the responsibility of damages and compensation for the commitment of the standards, in order to construct a more complete system of spouse right.