论文部分内容阅读
配偶权是一种基本身份权。配偶权植根于婚姻的自然性能和社会功能,经由人伦秩序和道德化提炼,最终成为法律制度。本文试图从配偶权的历史发展和我国现有立法出发,阐述我国的配偶权制度。着重论述如何建立完善符合我国国情的配偶权制度,包括配偶权的概念和法律特征;配偶权的派生身份权以及侵害配偶权的民事责任等。文章最后对配偶权制度进行了评价,认为建立配偶权制度会对和谐美满的婚姻家庭关系的稳定起到积极的作用。
Spouse right is a basic right of identity. Spouses right rooted in the natural and social functions of marriage, refined through ethical order and morality, eventually becoming a legal system. This article attempts to set out from the historical development of spouse rights and the existing legislation in our country to elaborate the spouse right system in our country. It focuses on how to establish and perfect the spouse right system which is in line with China’s national conditions, including the concept and legal characteristics of spouse rights, the spouse’s right of birth and the civil liability of spousal right. Finally, the article evaluates the spouse right system, and holds that the establishment of the spouse right system will play a positive role in the stability of the harmonious marriage and family relationship.