配偶权:一种“夫对妻、妻对夫”的权利?——从发生学视角对婚姻制度和配偶权的重新解读

Consortium:a Sort of Right of"Husband to Wife"or of"Wife to Husband"? ——Reexplanation to Marriage Institution and Consortium under Originating Theory

从发生学视角重新解读婚姻制度和配偶权,婚姻制度可被理解为一种关于性资源的产权制度,它首先是同性之间的互不侵犯,其次才是两性之间的互助合作。由此,配偶权首先被视为丈夫对其他男性、妻子对其他女性的权利,其次才被视为丈夫对妻子、妻子对丈夫的权利。

I make an attempt to reexplain and reanalyze the institution of marriage and consortium from the perspective of originating theory,being construed as a sort of property system concerning sexual resource,the marriage institrtion is firstly an agreement for peace between same sex individuals,and secondly an agreement for mutual convertience and cooperation between opposite sexes.Therefore,the consortiam should be,first of all,regarded as a sort of right of a husband to other men or of a wife to other women,and then as a sort of right of the husband to wife or of the wife to husband.