Research On The Legal Application About The Support Obligations Of Married Couples In China

It is generally known that support obligations of married couples have three types of characteristics.It accords with the legislative value idea of the marriage law to discuss the support obligations of married couples on the basis of our traditional culture and present situation.Meanwhile,it would help to optimize the normative role of law.Through the study of typical cases of husband and wife support,this paper find that there are some problems in the support obligations of married couples in Chinese law,such as the content,degree,priority and exceptions.Therefore,it is urgent to enhance the application of law about support obligations of married couples with more specific norms.The support obligations of married couples not only has its inherent characteristics and functions,but also has a profound theoretical basis in law,ethics,sociology,economics and other fields.The contents about support obligations of married couples include material support,life support and spiritual consolation.These three parts are complementary and indispensable.However,there are disputes on whether to fulfill the support obligations of married couples in law.Firstly,the prerequisite is unclear.Secondly,there is also a dispute over the order of supporting couples,parents and children.Thirdly,there is no contend about the exceptions to fulfill the support obligations.At the same time,the applicable provision about support obligations of married couples is much a grey area in law,including the time limit for performance,concrete content,the fulfillment.To sum up,it is necessary to clarify the concrete contents and fulfillment about the support obligations of married couples in Chinese law primarily.Then,in order to ensure the fulfillment of support obligations,we need to stipulate the prohibition of mental abandonment and life support guarantees in law.Special domestic relations court in practice is also quite essential.As we know,exceptions to the support obligations of married couples are the exclusion of the couples 'support.They are consistent with the principles of fairness.The support obligations of married couples should be related to other personal relations and property relations of husband and wife.Besides,we can use the law and experience of other countries for reference.In a word,we have to legally clarify the applications and exceptions on the basis of family relationships in China.