中国夫妻人身关系立法完善问题探析

Study on perfecting legislation on personal relation of spouses in China

2001年修正后的《婚姻法》有关夫妻人身关系方面的规定,仍有许多不尽完善之处。特别是对夫妻之间应当具有的一些重要的权利和义务没有作出全面的规定,内容上仍显粗糙,不能适应中国新时期婚姻家庭关系发展变化和调整婚姻家庭关系的需要。建议在今后修改《婚姻法》或制定《民法典》时,对夫妻的忠实义务、同居义务、夫妻生育权和家事代理权等重要内容作出相应的规定,以进一步完善我国的婚姻家庭立法。

There are some stipulations on personal relation of spouses in marriage law revised in 2001, but they aren＇t still perfect. Especially it lacks the overall regulations on whether spouses enjoy some important rights and obligations, therefore, it isn＇t detailed enough to be adapted for the change in the development of legal relationship of marriage and family in the new period of our country and to meet the need of adiusting legal relationship of marriage and family. It is suggested in the article that we should make the corresponding regulation on obligations of faith and cohabitation, rights of child-bearing and domestic relation representation so as to make family law of our country more perfect when revising marriage law or making civil code.