The Legal Issues Of Marital Tort Damages And Compensation

With the deepening of reform and opening up and development of society, husband and wife marital tort cases have occurred, even showing a rising trend year by year. On the one hand, between husband and wife against each other with the social harm, such harm or damage than more serious violations, on the other such violations but also has its own particularity, if applicable, the civil remedy of ordinary life, contrary to reason. so that the hand was responsible for are no different from the one place the money from one pocket into another pocket, tort between husband and wife within marriage to be people from a complete system of tort liability to be separated out and discarded, result is that China's "Marriage" has been established during a marriage is not tort damages system. The establishment of the rule of law is not conducive to a harmonious social stability. Within marriage in order to maintain the legitimate interests of the injured party infringement, and promote the sound development of relations between husband and wife, and improve marital tort system building a marital tort damages system is of great significance.In this paper, the right of one spouse against the other person or property should bear tort liability and how to regulate, especially between husband and wife legal remedy tort issues such as how to do something useful, in-depth discussion.This article is divided into five main parts of the concrete. The first chapter, mainly on the marital tort damages the research background and significance of marriage domestic tort damages on a general understanding. Chapter Overview marital tort damages, Analysis of the marital tort damages related to the concept and composition, and marital tort damages and general tort damages and differences. Chapter legitimated within the system of tort damages based on infringement of the marital reasons not established in our country, and then demonstrated the establishment of marital tort damages regime. Chapter IV of establishing marital tort damages system in China combined with China's legislative situation and the legal issues arising in practice a perfect system of marital tort damages Suggestions.