夫妻独立人格权侵害之研究

Study on the Violation of the Independent Personality Rights between a Couple

在"夫妻别体"主义的今天,夫妻虽为特殊身份关系,但夫妻本身是由平等的独立的个体组成,具有独立的人格权,同样受宪法和法律保护。夫妻间存在独立人格权侵害事实,分析其民事责任构成要件及具体的侵权行为,并对理论和司法实践中存在的有争议性的相关问题,做进一步探讨和研究,提出自己的观点。

From practical cases, this paper expounds, husband and wife, though each having a special relationship, are composed of two equal and independent individuals and thus have their own independent personality rights protected by constitution and law. As the violation of independent personality fights between couples do exist, this paper analyses the common requisites of the civil liability and the specific violations. It also explores and studies the existing controversial issues in theory and judicial practice, and put forwards some views.