夫妻人身关系法律问题研究

发布时间：2018-06-06 09:42

本文选题：夫妻 + 人身关系　；参考：《厦门大学》2002年硕士论文

【摘要】： 夫妻人身关系制度是调整夫妻双方在婚姻家庭中的人格、身份、地位等方面的权利义务关系的法律制度，是婚姻法的重要内容之一。本文在比较研究不同历史时期和不同法域夫妻人身关系制度的基础上，从夫妻人身关系分类的角度，对夫妻人身关系问题进行了较为深入的理论研究，，并针对我国现行夫妻人身关系制度的不足提出了相应的立法建议。除前言和结束语外，本文共分四章进行论述。第一章夫妻人身关系概述。本章从夫妻人身关系的概念入手，结合我国目前夫妻人身关系理论研究的现状，对夫妻人身关系进行分类研究，提出夫妻人格关系和夫妻身份关系之区分。通过对夫妻人身关系制度发展史的概括总结和对不同法系夫妻人身关系立法体例及现状的比较研究，为下文构建夫妻人身关系制度奠定了理论基础。第二章我国现行夫妻人身关系制度评析及立法对策。通过对现行婚姻法中夫妻人身关系制度及其运行效果进行客观的评价，指明我国现行夫妻人身关系制度存在的不足并深入分析其缺失的原因，提出完善我国夫妻人身关系立法的相应对策。第三章夫妻人身关系制度的立法构想。以修改婚姻法之际学者们对配偶权问题的广泛争论为引子，主张配偶权就是夫妻身份权，提出我国夫妻人身关系立法不仅要确立夫妻人身关系平等的原则，还应明确规定夫妻人格权和夫妻身份权各自包涵的具体的权利义务内容，第四章侵害夫妻人身权的法律救济。针对目前各种侵害夫妻人身关系的行为，提出法律上对受害人的救济途径，主要包括对侵害夫妻人身权的一般性规定和对侵害夫妻人身权若干具体情形的特殊规定。同时还对侵害夫妻人身权最主要的救济途径—损害赔偿问题进行了专门的论述。
[Abstract]:The system of personal relationship between husband and wife is a legal system which regulates the relationship of rights and obligations in the aspects of personality, status and status between husband and wife in marriage and family, and is one of the important contents of marriage law. Based on the comparative study of the personal relationship system of husband and wife in different historical periods and different legal regions, this paper makes a deep theoretical study on the personal relationship of husband and wife from the perspective of the classification of marital personal relationship. And put forward the corresponding legislative suggestions in view of the deficiency of the current personal relationship system of husband and wife in our country. In addition to the preface and the conclusion, this paper is divided into four chapters. The first chapter summarizes the relationship between husband and wife. This chapter starts with the concept of personal relationship of husband and wife, combining with the present situation of theoretical research of personal relationship of husband and wife in our country, classifies the personal relationship of husband and wife, and puts forward the distinction between the relationship of husband and wife personality and the relationship of husband and wife's identity. Through the summary of the history of the development of the personal relationship between husband and wife and the comparative study of the legislative style and the present situation of the personal relationship between husband and wife in different legal systems, it lays a theoretical foundation for the following construction of the personal relationship system of husband and wife. The second chapter comments on the current personal relationship system of husband and wife and its legislative countermeasures. Through the objective evaluation of the personal relationship system of husband and wife in the current Marriage Law and its operating effect, this paper points out the shortcomings of the current personal relationship system of husband and wife in our country and analyzes the reasons for its lack in depth. This paper puts forward the corresponding countermeasures to perfect the legislation on the personal relationship between husband and wife in our country. The third chapter is the legislative conception of the personal relationship between husband and wife. Taking the extensive debate on the right of spouse as the introduction of the amendment of the Marriage Law, the author holds that the right of spouse is the right of marital status, and puts forward that the legislation of personal relationship between husband and wife in our country should not only establish the principle of equality of personal relationship between husband and wife. There should also be a clear definition of the specific content of the rights and obligations of the spouses' personality rights and their spouses' status rights, Chapter IV legal remedies for infringement of the personal rights of husband and wife. In the light of the current behavior of infringing upon the personal relationship of husband and wife, this paper puts forward the legal remedies for the victims, including the general provisions on the infringement of the personal rights of the husband and wife and the special provisions on the specific circumstances of infringing upon the personal rights of the husband and wife. At the same time, the main remedy for the violation of the personal rights of husband and wife-compensation for damages is discussed.
【学位授予单位】：厦门大学
【学位级别】：硕士
【学位授予年份】：2002
【分类号】：D913

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