夫妻忠实义务研究中英文资料对照外文翻译文献.docx
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夫妻忠实义务研究中英文资料对照外文翻译文献
法律法学论文
夫妻忠实义务研究
中英文资料对照外文翻译文献
外文参考文献摘录:
A Study on responsibility of conjugal chastity
Kerry Mutch
Walton Centre NHS Foundation Trust , Fazakerley , Liverpool , United Kingdom.
Marriage is unification in wedlock concerning both party’s right and responsibility
voluntarily arranged by men and women for the purpose of living together permanently. In
order to live together happily and satisfactorily, mutually supporting is needed to guarantee
the affluence of physical life and mutual chastity to support the felicitousness of the spiritual
life. Therefore, mutual chastity is a major factor to support the wedlock, which is also a focus
of marriage law. During the revision of marriage law in 2001,the debate over the
responsibility of mutual chastity was the most appealing issue. After intense arguing, finally
the article “the spouses shall maintain mutual chastity” was listed in the revised marriage law.
However the argument over mutual chastity of the spouses has never stopped, more issues
concerning it are still needed to be further studied. The thesis tries to investigate and review
the mutual responsibility of conjugal chastity systematically. In order to study the subject
systematically , the historical ,sociological ,comparative law ,empirical ,dynamic and static
analysis approaches by which the historical development of conjugal chastity、jurisprudential
analysis of it and present regulation on it are observed and reviewed, are employed in the
research. The thesis consists of four chapters. ChapterⅠ,which is composed of three
subchapters ,observes the mutual responsibility of conjugal chastity from the perspective of
its historical development. In Subchapter Ⅰexplains the exact connotation of chastity and
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ascertains the definite meaning of responsibility of conjugal chastity further. The basic
meaning of chastity is loyal to each other, which connotes that the husband and wife should
be faithful to one another not only in their acts but also in mental communication as well.
Keywords :
marriage responsibility of conjugal chastity spouse spouse’s right divorce
However, the mental communication is not the regulating target of law, thus the
conjugal chastity only denotes mutual loyalty in their sexual life and denies extramarital sex
from the angle of marriage law. In SubchapterⅡ,the author observes and studies the
awareness and responsibility of conjugal chastity under the primitive 、slavery、feudal and the
contemporary society irrespectively. After that the author has commented on the changes of
attitudes towards the conjugal chastity in the Chinese marital legislation. During the
investigation into the conjugal chastity in the prolonged history, the author found that the
regulation on responsibility of the conjugal chastity was implied by two major line, that is,
the evolution from inequality between men and women to the equality between the both; and
the regulation on it through statutory remedy by private right instead of the interference by
public power. Simultaneously ,the linkage between the development ,evolution of mutual
responsibility of conjugal chastity and those of human marriage life and the changes of the
viewpoints on conjugal relations ,sexual morality and sex awareness are deeply connected. In
SubchapterⅢ,the author mainly observes the influence of the changes of conjugal
love,attitudes towards family and sex upon the viewpoint over conjugal chastity in
contemporary China. As the wheels of history rolls on, the human’s viewpoint over the sexual
morality and sex awareness has been changing all the time. As the inflation of individualism
and liberalism in most capitalist countries, the previous exclusive love attitudes has been
replaced by the non-interference of mutual freedom. At the same time the viewpoints of the
judicial circle and judicature have changed more or less by the contemporary thought,
therefore the strict rule has been loosened. According to the previous research, the author
claims that when we restructures the mutual responsibility of conjugal chastity in marriage
legislation in our country, the changes of contemporary conjugal love,attitudes towards
family and sex should be investigated and taken into account. In the following part the author
has looked into the changes in present China in detail, and some personal opinions to them
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are also released.
On the basis of the study above, the author holds that the responsibility of conjugal
chastity is closely related with conjugal relationship, in regard to the influence of awareness
of conjugal love、family and sex upon the responsibility of conjugal chastity, two aspects
should be considered, that is, on the one hand ,the changes should not be ignored, in the
design of responsibility of conjugal chastity, the old route to recover the adultery law and
punish the adulterers had been discarded by the Age, and public power exploited in the
punishment of extramarital sex should be cautious; On the other hand, the changes of
viewpoints to marriage and family upon the conjugal love have never undermined the stable
cornerstone of family structure in the Chinese society that is because the values of marital
morality under the background of Confucian culture have always been supporting the
Chinese marriage firmly. Some social surveys show that the sex concerning extramarital sex,
especially that has gravely undermined the stability of families, the attitudes of our people are
clear, i.e., they oppose the extramarital sex. In the western countries, whereas, after the
disastrous experiment of “sex revolution”, the slogans of “returning family” and “faithfu lness
is fundamental to conjugal love” are back to be reused. Thus writing the responsibility of
conjugal chastity into law can be considered the promotion of faithfulness in conjugal love,
that is the inner voices of the people at home and abroad. China should get integrated into the
world trend, learn from the lessons of foreign countries and not recover the old way of
“serious results getting from excessive freedom of sex” in the West, thus our marriage law
can be made as a new symbol of our socialist marriage and family. ChapterⅡ,consisting of
three subchapters, is the jurisprudential analysis over responsibility of conjugal chastity. At
the beginning of Subchapter Ⅰ, the author holds that the responsibility of conjugal chastity is
the essence of marriage. The responsibility of conjugal chastity is the natural demand of
marriage, which is also an embodiment of the exclusivity of conjugal sex and the demand of
social nature of marriage. In our socialist society, monogamy is the requisite demand of the
responsibility of conjugal chastity, which is a vigorous safeguard of monogamy as well. Then,
the author analyses the juristic value of the entry of responsibility of conjugal chastity into
law, the major reason of which is that the responsibility of conjugal chastity is always
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considered as a good virtue.
The safeguard of responsibility of conjugal chastity, in essence, could be regarded as
the protection and promotion of justice by nation. The responsibility of conjugal chastity
embodies the humanistic solicitude of law.The humanistic solicitude towards responsibility of
conjugal chastity is such a proposition essentially, that is ,the regulation and bound of the
marital life of people by law is to lead them to live a safe、happy and satisfactory marital life,
which can connect the individuality of man with the social nature of man intrinsically;
Therefore, certain harmonies from the equilibrium of interests between individuals and
society may be reached, and the value of man can be elevated. Subchapter Ⅱmainly observes
and reviews the juristic identification of the nature of responsibility of conjugal chastity. At
first, the author holds that the responsibility of conjugal chastity is a derivative right of
spouse’s right, which is a basic right of dignity betwee n the husband and wife formulated by
law. The maintenance of wedlock is based on two elementary conditions, that is, the
responsibility of cohabitation and being loyalto each other. Therefore the responsibility of
conjugal chastity, a derivative right from the spouse’s right, becomes the core of spouse’s
right. And the characteristics of the responsibility of conjugal chastity are generalized in
detail thereinafter. In the following part of this subchapter, the author concludes that the
responsibility of conjugal chastity inevitably has the nature of right of personality. Though
the responsibility of conjugal chastity has dual natures of right of personality and right of
dignity, they should be distinguished.
Right of dignity is the basic nature of the responsibility of conjugal chastity, whereas,
right of personality is the attaching nature of the responsibility of conjugal chastity. In
SubchapterⅢ , the author makes a comparative law research on the responsibility of conjugal
chastity and the other related rights. Firstly, the author analyzed the relationship between the
responsibility of conjugal chastity and the right of sexual freedom from different perspectives.
And then the relationship between the responsibility of conjugal chastity and privacy is being
observed and analyzed. In chapterⅢ,the author makes a reflection on the responsibility of
conjugal chastity in reality and some suggestions are also brought up for the future legislation
on this subject. After further study the author holds that the responsibility of conjugal chastity
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may be regulated by morality, but the regulation by law should not excluded, and the private
nature of conjugal relation should be taken into account simultaneously.
After that, the judicial regulation on the responsibility of conjugal chastity is analyzed.
At the final part, the author brings up some su