关于夫妻忠实义务的法理分析

A Theoretical Analysis on "the Duty of the Mutual-loyalty between Husband and Wife

关于是否应将夫妻互相忠实规定为法律义务的争论 ,涉及到对法律与道德的关系这一法理学基本问题的不同看法 ,只有全面、辩证地理解这一问题 ,才能清楚地认识到修改后的《婚姻法》增加“夫妻应当互相忠实”的规定 ,是有充分理论依据的 。

The argument on whether the loyalty between husband and wife should be written into the law as a duty relates to multiple views on the relationship between law and morality which is a basic problem in jurisprudence. Only by analyzing this issue comprehensively and dialectically, can we thoroughly understand why adding the duty 'husband and wife should be loyal to each other' into the new remended marriage law is necessary and has profound legal basis.