对《婚姻法》“夫妻应当互相忠实,互相尊重”条款的思考

Thinking about the Article"Man and Wife Should be Faithful and Respect Each Other"in Current"Marriage Law"

分析修改后的《婚姻法》第4条"夫妻应当互相忠实,互相尊重"的性质,指出该条规定的应当是一项公理性原则。并且从配偶权、伦理学、经济学和比较法角度深入地探讨了法律规定该原则的必要性和积极意义。

The revised article 4 ＂Man and Wife should be faithful and respect each other. ＂ in＂ Marriage law＂ is analyzed. That this article stipulating should be a principle of generally acknowledged truth is pointed out. Its necessity and positive meaning of the principle stipulated by law in terms of spouse right, ethnics, economics and competitive law are discussed.