The Research Of Building A System Of Marital Tort Compensation

The modern marriage has been given the content of equal status as a couple based on the idea of personality independence. It decides that both husbands and waves have the equal rights and obligations. States marriage legislation also protects both spouses'equal rights and obligations involved in public remedy. Once any violation of the law on marital rights and duties of the couple's requests, then infringement it must bear the corresponding legal consequences.On the view of China's marriage legal system, the revised Marriage Law and its interpretation has strengthened the legal readjustment of the marital relations, added some rules of marriage and family personal and property relations in the field of marriage and family areas, enhanced the operability of the Marriage Law. No doubt, it makes our system of marriage and family further mature. But unfortunately, the revised Marriage Law and the judicial interpretation provide only the divorce is coursed by the infringement between couples, the no fault has the right to seek the compensation, not involve the tort compensation when the marital relationship continues to exist. More over, the infringement is not involving the property rights. Between couples, the lack of tort damages system on one hand there are shortcoming in the legal system, on the other hand will reduce the deterrent power of the marriage law. And only provide right and obligation, but no responsibility, which is also contrary to the spirit of the law. For these reason, perfect our marriage law is particularly important.At present, there is no marital tort damage compensation in our legal system. Marital damages compensation, as opposed to a divorce one, it means, referring to the marital relationship continues to exist, one spouse against the other caused damage to the person or property, the victim in a no divorce request on the premise that the request infringes on the people's civil liability. Although marriage violation is very common, it is now so much people think that marital tort damages system has no real meaning. According to the provisions of article 17 of the"Marriage Law", the marital relationship continues to exist for the property during the marital property. Under this premise, compensation from the other side, changes nothing between couple. And marital compensation due to the intensification of conflict-prone, is not conducive to the stability of the family. Based on the above background, the author focused on the necessity, feasibility and construction of the system these three areas.This paper has four main parts, the first part is introduction, make a prerequisite for marital violation. In this part, describing the definition and characteristics of marital tort, also the responsibility of marriage and infringement of existing research results and sorted out. And author also gives a brief introduction to the approaches and methods of this paper.The second part discusses the necessity of building a system of marital tort compensation. This is the writing foundation and starting point of the whole paper. The part first analysis the existing legal limitations on the regulation of marital tort. Next damages analysis of marriage and divorce and coordination system for the damages. In final analysis the significance of build the system of marital damage compensation.The third part discusses the feasibility of building a system of marital tort compensation. First, we can draw on other country and regions in the legislative and judicial experience. Second, we have the ideological foundation and material foundation to build our system of marital tort compensation.The fourth part discusses how to build a system of marital tort compensation. From four areas, identified of marital tort, define the scope of marital tort, limit exercise of the right to request'time and feasibility of the implementation of executive compensation, author analysis how to build the system.During this paper writing, author has an extensive collection of information, classify the research result. Author hopes to use own accumulated knowledge in the study of the following issues and makes new useful exploration.First, in the current marriage law for the regulation of marital tort limitation, there hasn't any deeply research on this area, author will put forward own views. Second, in system vision, there must define the element of marital tort, author put own views both adhering the four elements and the particularity of marital tort in same time. Third based on China's Marriage Law, author makes the solution of implementation of marital tort compensation.