夫妻忠实义务研究中英文资料对照外文翻译文献.docx

1、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 chastityKerry MutchWalton Centre NHS Foundation Trust , Fazakerley , Liverpool , United Kingdom.Marriage is unification in wedlock concerning both partys right and responsibility voluntarily arranged by me

2、n 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 f

3、actor 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 t

4、he 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 subje

5、ct 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 thesi

6、s consists of four chapters. Chapter,which is composed of three subchapters ,observes the mutual responsibility of conjugal chastity from the perspective of its historical development. In Subchapter explains the exact connotation of chastity and ascertains the definite meaning of responsibility of c

7、onjugal 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 spouses right div

8、orce 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 Subchapter,the author observes and studies the awareness and responsibility of conjug

9、al 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,

10、 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 interferenc

11、e 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 Subchapter,the author m

12、ainly 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 humans viewpoint over the sexual morality and sex awareness has been changing all the time. As the inf

13、lation 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, therefo

14、re 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 investigat

15、ed 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 are also released. On the basis of the study above, the author holds that the responsibility of conjugal chastity is closely related with conjugal re

16、lationship, 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 reco

17、ver 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 o

18、f 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 st

19、ability 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 “faithfulness is fundamental to conjugal love” are back to be reused. Thus

20、 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

21、 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. Chapter,consisting of three subchapters, is the jurisprudential analysis over responsibility of conjugal chastity. At the beginning of

22、Subchapter , 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 sociali

23、st 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

24、of conjugal chastity is always 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 solic

25、itude 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 int

26、rinsically; Therefore, certain harmonies from the equilibrium of interests between individuals and society may be reached, and the value of man can be elevated. Subchaptermainly observes and reviews the juristic identification of the nature of responsibility of conjugal chastity. At first, the autho

27、r holds that the responsibility of conjugal chastity is a derivative right of spouses right, which is a basic right of dignity between 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 loyal

28、 to each other. Therefore the responsibility of conjugal chastity, a derivative right from the spouses right, becomes the core of spouses right. And the characteristics of the responsibility of conjugal chastity are generalized in detail thereinafter. In the following part of this subchapter, the au

29、thor 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 respo

30、nsibility of conjugal chastity, whereas, right of personality is the attaching nature of the responsibility of conjugal chastity. In Subchapter , the author makes a comparative law research on the responsibility of conjugal chastity and the other related rights. Firstly, the author analyzed the rela

31、tionship 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 chapter,the author makes a reflection on the responsibility o

32、f 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 may be regulated by morality, but the regulation by law should not excluded, and the private nature of

33、 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 suggestions on the legislation of the responsibility of conjugal chastity in the future, that is, (1) the setting up of the definition of spouses right;