The Discussion On Ruling The Responsibility Of Matrimonial Tort In Chinese Family And Marriage Law

With the day the legal system has become more perfect, and people's consciousness of safeguarding own rights has unceasingly strengthened nowadays. The equal marital statue for both husbands and wives not only becomes the principle which is initiated in the law, but also the need of people in their real lives. If one side dose not fulfill the legal duty and violates the legal rights and interests of another side of the spouse, he or she will inevitably cause infringement upon the other's lawful rights. As the criterion of behavior which rules the behavior of people, the law provides the reasonable standard behavior and the prompt legal relief for the most important main body—person in the legal relationship, which is one kind of requests to realize its own function. In this article, I carry on a shallow discussion with four parts, which are why do we need, why is allowed to realize as well as how to rule the responsibility of matrimonial tort in marriage and family law in our country and so on. Firstly, through making the localization of relationship of the person and the property which exists between husbands and wives in the marital law, I propose the concept of matrimonial tort, the characteristic and its classification. Secondly, based upon the legal thought and idea of personality independence and equality of the sexes, I carry on the fundamental analysis on the two aspects: the necessity and the reality, which becomes possible and necessary to ask for the compensation for damage of infringing as legal method of self protection in the civil region during the period of existing marital relationship, if one of the spouse has the matrimonial tort. In addition, we also have the necessity to profit from the successful experience overseas in order to construct the modern responsibility of compensation of matrimonial tort, which is the directreflection to the legislative principle of the civil law ,also is the need to protect the legal rights and interests of spouse. Finally, based on the above consideration, I think we should explicitly stipulate in the rights and interests of spouse as well as the way of behavior of matrimonial tort, and define the different responsibility forms of infringement as the relief way of compensation for damage in the part of relative law in Chinese Civil Law Code. Only we prevent and control the matrimonial tort with sorts of resolutions, then we may effectively solve the complexity of matrimonial tort, simultaneously solve the implementation of compensation for damage of matrimonial tort. Thus we can eliminate the matrimonial tort in the greatest degree in order to serve for establishing the civilized, stable and harmonious marital relationship.