夫妻忠实义务理论与实务维度之考量

检视夫妻忠实义务制度,不难发现,其在司法实践运行中有某些障碍,在夫妻忠实义务规定方面也存在某种缺失。为此,完善夫妻忠实义务规定,还有必要提出一些立法构想或建议,如,尽快完善相应法律规定,将夫妻忠实义务确定为离婚法定事由,尽快构建夫妻婚内民事责任机制,这在一定程度上体现了公法对私法的适度渗透。

Dimension Consideration on Theory and Practice of Marital Duty of Loyalty

By inspecting marital duty of loyalty system, it is not difficult to discover that there exist certain barriers in the judicial practice movement, and some deficiency in the stipulation of marital duty of loyalty. Therefore, the stipulation should be perfected and some legislative conception or suggestions be proposed. For example, the marital duty of loyalty should be considered as a legal reason to divorce and civil liability mechanism within marriage should be established as soon as possible. To perfect the stipulation of marital duty of loyalty is necessary to realize rule of law, and the principle of equal and fair law, is also compulsory safeguard independent and equal personality between the marital husbands and wives.