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现行《婚姻法》将夫妻忠实义务写入总则之中,体现了立法界对这个问题的重视,也体现了立法的进步和与国际接轨,有积极的进步意义,但是作为不可诉条款,它只是一条倡导性的规定,至于它在实践中能发挥多大的作用,对无过错方合法权益的保护能深入到何种程度,笔者感到有些怀疑,这也是写这篇论文的初衷和目的。
The current “Marriage Law” put the loyalty duty of husband and wife into the general provisions, reflecting the importance attached by the legislature to this issue, as well as the positive and progressive significance of legislative progress and international standards. However, as a non-refoulement clause, it is only one Advocacy requirements As for the extent to which it can play its role in practice and to what extent the protection of the lawful rights and interests of non-faulty parties can go deep, this author is somewhat skeptical and is also the original intention and purpose of writing this essay.