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配偶权是指合法夫妻间互为配偶关系的基本身份权,权利人享有专属支配其身份利益的权利,对方及其他任何人均负有不得侵犯的义务。我国现行民事立法虽然设计了配偶权的一些内容,但不够明确、具体,尤其对侵犯配偶权的缺乏完善的保护机制,这种状况的存在不利于保护合法的夫妻关系乃至构建和谐社会。因此,我国有必要通过立法明确配偶权的概念及特征,并完善配偶权的保护机制,确保配偶双方在婚姻家庭中的平等地位和权利。
The spouse right is the legal right of the spouse to be the spouse of the legal spouse. The right holder has the exclusive right to control his own identity, and the other party and any other person have the obligation not to infringe upon. Although the current civil legislation in our country has designed some contents of the spouse right, it is not clear enough and specific, especially for the protection of the spouse right lack of perfect protection mechanism. The existence of such a situation is not conducive to the protection of lawful spousal relations and even the construction of a harmonious society. Therefore, it is necessary for our country to clarify the concept and characteristics of spouse rights by legislation and to improve the protection mechanism of spouse rights so as to ensure that both spouses have equal status and rights in marriage and family.