Study On The Conjugal Tort Liability System

The updating on concepts and the pursuit of individualities has brought a new round of impact on the marriage and family relationships under the new circumstances. In the conjugal relationship which is known as a"community", the existence of conflicts will inevitably lead to tort. It is the reflection of the ultimate value of law that protecting the disadvantaged and promoting justice. Both in theory and in judiciary practice, it is pressing to make more studies on tort between husband and wife. In order to meet the development of times, the starting point of the thesis is how to add the power to the adjustment of the conjugal relationship, thus combining the measures of moral and law to resolve disputes between couples and to balance the interests. The author tries to plug loopholes in current law, proposes the institution of conjugal tort liability in order to improve and supplement legal system of the marriage and family law and to bring about the remedies for conjugal infringement. It is aiming at establishing a civilized, stable and harmonious socialistic family relationship and promoting the whole sociality's harmony and development.The thesis is composed of five parts. Part one is about the basic concepts of conjugal tort liability as the theoretic basis. Part two introduces the reason and the necessity of building the conjugal tort liability system .Part three talks about the feasibility of building the system by introducing the legal and the material basis of the conjugal tort liability law individually. Part four details the constitution of conjugal tort liability. Part five mainly talks about some specific thoughts and advices of building the legal system of conjugal tort liability.