Research The Liability System Of Marital Tort In China

As the foundation of society, the family especially the stability of the relationship between husband and wife, has a direct impact on the harmonious development of society. Since ancient times, however, violations between husband and wife are common. Especially in recent years, some new phenomena and problems in marital tort brought about by social development appear, which seriously threatening to the equality and harmony between husband and wife, and then to the construction of socialist harmonious society. Due to the impact of marital relationship and the integration of traditional Chinese Confucian culture in today's dislocation, patriarchal feudal, patriarchal ideology of the supremacy of popular, coupled with the judiciary adhering to the concept of "honest and upright official dead letter", marital tort issues have always been excluded from the outside area of the law.Today, with the increased awareness of legal and rights, tort between husband and wife and the issue of liability began to receive widespread attention. Because of the special subject of this legal relationship between husband and wife, law is more inclined to subject to criminal liabilities or administrative liability, not civil liability. This is not conducive to protecting the interests of the aggrieved party. In China, we adopt jointly owned property system which means the two sides during the marriage are of the common forms of property. This system lead to damages is difficult to achieve. At the same time, "Marriage" only provides Divorce Damage to adjust the marital tort damages, but the tort not lead to marital divorce does not give clear rules violations.Therefore, Constructing Marital Tort Liability System to combine with Divorce Damages has important theoretical and practical significance, to safeguard the legal rights of marriage party and to promote marriage and family and social harmony.According to Marital Tort own characteristics and by learning and absorbing the results of research and legal affairs about Foreign Tort Liability System, this article attempts to study of the Marital Infringement in the marriage and family life.This article is divided into the following sections:Chapter One describes the concept of marital tort, and analysis of three main types of marital tort. With the relevant laws and regulations about specific types of violations and remedy at home and abroad, this part also investigates how to identify the type of marital tort and clear its remedy.Chapter Two discusses the necessity to construction marital tort liability system in our country. By the description of the characteristics of marital tort, it is urgent need to establish relevant systems to solve the problem of marital tort.Chapter Three analysises Marital Elements of tort liability in detail through the following aspects: harm behavior, damage to the facts, the causal relationship between violations and damage, and subjective intent.Chapter Four proposes the ways to undertake tort liability, and investigates the ways to carry out marital damages under the current system of matrimonial property.