Study On Marital Tort Liability

China's current legislation on marriage do not provide for marital tort liability, and the existing system of matrimonial property and divorce damage liability constitute a real obstacle on the establishment of the system, which makes China's infringement complaint within marriage into judicial predicament. Out of the dilemma is the key to establish marital tort liabilityThe paper mainly includes four parts: overview of marital tort, marital tort liability and spouse right, the constitute and commitment of marital tort liability, the establishment of marital tort liability. Chapter I is an overview on marital tort liability; Chapter II studies the civil rights of marital tort liability to protect, and focuses on a comprehensive analysis of the spouse right; Chapter III uses the latest theory of tort liability law and analysises the constitute and way of marital tort liability; Chapter IV discusses the most central topics that establishment of marital tort liability, and proposes many ideas based on the existing obstacles and system foundation.Innovation of the paper has the following aspects: analysis in depth the spouse right, Clear that the spouse right is diverse and its object is complex, Divide the spouse right into the pure spouse right and the spouse property right; analysis comprehensively the constitute and way of marital tort liability, Especially discuss marital damages in detail; proposes many ideas on the establishment of marital tort liability, for example, Improve the system of the spouse right , combine marital tort liability with divorce tort liability, and improve "Tort Law ".