完善我国配偶权及其民法保护制度的法律构想

On consummation of China's spouse rights and civil law protection system

婚姻法(修正案)对配偶权的内容规定不明确、全面,存在很多局限性,特别是对配偶权的民法保护有诸多限制,这不利于配偶权制度效能的良好发挥,因此,应着力完善婚姻法配偶权的相关规定,探讨运用侵权行为法制裁配偶权侵权行为,构建以民法保护方法为主的配偶权保护体系。

Marriage Law (Amendment) defines the content of spouse rights unclearly and incompletely and has many limitations especially in civil law protection of spouse rights, which is not helpful to give play to spouse rights system effect. Thus, the related regulation of spouse rights of marriage law should be consummated. Tort law should be used to give sanctions against tortious act. Spouse rights protection system should be constructed based on civil law protection.