Research On The Spouse Rights

With the continuous development of social economy, the society also gradually changed, and social life in the pluralistic value system. Family is an important part of the whole society, so the family harmony is related to the stability of the whole society, it is a pretty important part of the whole society, the relationship is the precondition of a family was founded, spouse rights system is an important safeguard to maintain a family harmonious. With the development of social material culture and spiritual culture development, some bad atmosphere in society began to appear in our daily life.Couple of spouse rights infringement of all stripes are growing increasingly prominent, more and more bigamy, adultery, gooseberry, etc, the serious influence the trust between partners and the stability of marriage. Lead to higher divorce rates, or even higher crime rates, and even harm the stability of the whole society. Build system of perfect spouse rights necessity to strengthen the protection of spouse rights of husband and wife is becoming more and more highlighted.In this article, through comparative analysis, case analysis Level of literature research and other research methods, the concept of spouse rights has specific power content and the spouse rights system in our country the present situation of existing problems are discussed, finally summarizes some related Suggestions to perfect the spouse rights system in our country.The first is overview of spouse rights. From the perspective of the definition of the concept of spouse rights, through the discussion of the various theories analysis, defined the concept of spouse rights. And analyzes nature and characteristics of spouse rights and the right of spouse rights attribute, decided that the spouse rights is a kind of dual attribute, both absolutely full of features and characteristics of relative rights.And then through the analysis of the concept of spouse rights concludes the concrete contents of spouse rights, clearly in a legal and valid marriage relationship during the term of the couple based on spouses and enjoy the concrete rights and the obligations need what.In the third part for the present situation of the spouse rights protection in China are summarized, analyzed our country current three concrete problems of spouse rights protection.First is the spouse rights property without clear rules, the resulting is third party infringing the spouse rights situation there is no corresponding laws to perfect solution.Followed by me to the contents of spouse rights stipulated by the comprehensive enough clear and specific.The third problem is lack of necessary relief for infringement of the spouse in China, because the problem of spouse rights infringement relief is most has the research significance is the spouse tort relief measures.Based on the above discussion and analysis of three specific issues, clear the significance of perfecting the spouse rights protection in China and corresponding to the three questions put forward concrete Suggestions on the perfection of spouse rights protection.The first is in "marriage law" clearly spouse rights has the absolute right attribute, thus violate the act of spouse right against a third party could have legal basis for legal punishment.Followed by a clear overall specific provision, the concrete contents of spouse rights, make the spouse rights protection into effect, make the range of spouse rights protection more clear.Perfect legal relief for infringement of the spouse should finally, through the analysis of the types of spouse tort imputation principle, put forward the relevant circumstance of specific remedies.In this paper, theoretical innovation points in the first place is to the right of spouse rights properties are analyzed and discussed. Analyses the related scholar’s theories and views, through the spouse rights belong to the imperium and spouse rights belong to the relative right analysis of the two viewpoints respectively concluded a spouse rights is a kind of double attributes. Secondly, this article through to the analysis of the existing legal provisions, found the our country present law for the spouse rights expression is not specific enough, more concern is China’s current laws violate the act of spouse rights to a third party made no corresponding laws and regulations to regulate and punishment, but merely regulations under the premise of no fault party can apply for divorce in tort damages to the spouse has fault request, rather than as the responsibility of the infringer malicious third person, the provisions of the laws so that malicious third party can a loophole in the law is still at large, its bad behavior violates the law but not seriously affect the social climate of the law, is obviously unreasonable. In this paper, point of view, in the process of perfect the system of spouse rights in our country, shall strengthen the supplementary to a third party tort liability, make it bear the punishment of the corresponding to its behavior.The author’s point of view is not enough mature, arguments may be inadequate, but through to the present situation of the spouse rights system in our country and foreign comparative analysis of the related system, also puts forward some Suggestions, hope you can for our country to contribute to the development of spouse right system.