Study Of Legal Issues Of Tort In International Marriage

With the development of Internet and international economic globalization, more and more foreign people came to China for investment. The number of international marriage is in the process of increase. Because of the difference of culture, more infringe on body or property often occur between foreign spouse than domestic one. In traditional society, law doesn't regard infringement between spouse as tort. Today people pay more attention on independence of themselves, it is necessary to establish legal system of tort between spouse in order to protect the victim and make international marriage stable. But complex situation of law application of tort make it very difficult that the victim in international marriage is protected effectively by law in time . The first charter and the second charter will discuss the difference of tort between the international marriage and domestic marriage, and in my thought it is reasonable to establish legal system of tort in international marriage. whether property of spouse is common or uncommon, the spouse has her or his own property. therefore the victim can sue to court to gain her compensation whether she is determined to divorce. The present spouse property system of many countries make it possible that tort in international marriage is sued without divorce. The third charter will discuss several principals of law application of tort in international marriage. At present, lots of countries have no law conflict about tort in international marriage. Judge have to deal with tort in international marriage according to tort law conflict. Both the most important factor related to tort and the victim's willing are considered by judge. This progress will minimize the victim's damage and prevent tort between spouse. In terms of Chinese tort law application in international marriage. The author will analyze the present legal system and suggest that the most important factor should be considered by legislation. The last charter will discuss that if the victim's damage is compensated when the applied law is Chinese law. and suggest how to reform the tort law .