| Marriage is a civil subject by two independent and mutually spouse of the opposite sex as a community relations component. Husband and wife independent civil subject is the premise of marriage and family survival. In the marital relationship continues to exist is within marriage, male (female) party does not fulfill legal obligations, against the wife (husband) side of the legitimate rights and interests are infringed bound to have violations, in reality, in marriage and family relations, husband and wife is that people often regard as a family community, and thus neglect the husband or wife's individual personality independent of the civil subject's attention. In this community, we must have the common interest community, but also the rights of husband and wife separate, often ignored the rights of husband and wife separate and independent rights and interests are infringed do not get relief, the damage to some couples, without divorce cases, only the cost of personal sacrifice, which violates the law is the last line of defense. "Personal independence", "gender equality" and other legal consciousness, in the context of marriage, as marital tort to seek legal protection as necessary and possible.From the marriage in the Marriage Law of Tort Liability in the idea of legislation to elaborate. ,In order to promote the further development of the Marriage Law. In the Western world in the 19th century to early 20th century 60's, common law countries or regions began to infringement on the prohibition of marital physical complaints, the personal relationship between spouses and the special nature of property relations, the law too much attention to be held criminally responsible and administrative responsibility while ignoring the existence of civil liability for inadequate protection of the interests of the injured party. Husband and wife have a legal marriage in the presence of the couple, this relationship can not be a reason to exempt the infringer and the basis for civil liability. Tort Liability in Construction of marital law marriage can make up for gaps and improve the dimensional awareness of rights, strengthening the legal awareness of citizens to maintain social harmony and stability of marriage and family life have the tools, tort between husband and wife and the damages occurred in the judicial practice of marital action for damages. But China's current "Marriage Law" which provides vague, vast majority of couples with a husband and wife community property, jointly owned property during the marriage are not separate provisions, which may cause damages marital tort law on the lack of strong support , marital tort judicial relief is difficult to achieve. To marital Infringement relief through the civil marriage laws on the marital tort compensation for injured parties to make, within marriage increase the protection of legitimate rights and interests, and promote family stability of marriage.What is a marital tort and the tort system in the marriage law marriage in the necessity and feasibility analysis, and foreign legislation on this issue with the relevant provisions dealing with infringement of marital proposed Legislation. Clear that the definition of marital tort, infringement of the behavior, while making reference to foreign-related legislation, proposed marriage in the Marriage Law in Tort Liability Legislation. Fortunately, for building harmonious and happy marriage and family relations to maximize the elimination of marital infringement. Addition to the introduction and conclusion, the total is divided into four parts:The first part. an overview of marital tort. Marital tort definition, characteristics, elements. Marital tort is defined as the duration of legal marriage, husband or wife is not a party to act or manner of personal rights or property rights against the spouse gives the other person, property damage and even the spirit of the fault behavior. The general elements of a tort, but also has his own characteristics, according to different standards, violations also make different marital categories.The second part of the marital home and abroad of the relevant legislation and the Tort Liability System Analysis study the defects of the law. Between husband and wife with reference to relevant foreign legislation Tort Liability System. United Kingdom August 1, 1962 implementation of "Married Women's Property Act" Amendment Act allows husband and wife each bring infringement proceedings. American common law (common law) in effect since 1844, "Married Women's Protection Act" (Married Women's acts) to give women the independent personality and individual ownership of personal property, many states allow tort action between husband and wife had. Japan's Supreme Court held that tort can be established between husband and wife may claim compensation. Practice in Taiwan also can be established that the tort between husband and wife. China does not specify marital tort liability is emptyThe third part, from the civil liability system of tort between husband and wife the necessity and feasibility study, the system created to protect the basic human rights, elimination of conflict of laws, maintain social stability to ensure gender equality, empowerment of women in real life, the independent dominant position, to effectively prevent and punish domestic violence, extramarital sex marriage, criticized other health hazards and promote social stability and building a harmonious society under the new situation for China's stable political and economic development of effective social protection.The fourth part, the establishment of marital tort liability in the idea of marriage. Spouses, respectively, from the establishment of the right of this chapter, the right system, a sound system and amend the current marital status of "marriage" in the matrimonial property system of re-interpretation of the scope of the jointly owned property to further standardize the Marital Property to increase the protection of personal exclusive property, then the provision of such tort between husband and wife Construction of the relevant terms of a civil liability regime, "healthy marriage" margin "of women's specific" protection money. |
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