The Marriage Law About The Rules Of The Damage Compensation In Matrimonial Tort

Nowadays the legal system in the socialism government is becoming more perfect day by day. People's consciousness of safeguarding own rights has been strengthening .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 does not fulfill the legal duty or violates the legitimate rights and interests of another side—the spouse, he or she will inevitably cause infringement upon the other's lawful rights. Although 2,001 the revisions of The Marriage Law of The Republic of China additionally built the divorce damage compensation system, this system has some sufficiencies in the adjustment of the matrimonial tort. It certainly cannot completely cover all matrimonial torts ,which occur in the marital relations. If in the marriage, one side requests compensation due to the damage which is caused by the matrimonial torts of the other side, does the law have to support ? The academic circles has different viewpoints. The different decisions also appear in the material object. And I think in our country future civil law it is very significant to establish the marriage law about the rules of the damage compensation in matrimonial tort .In this article I carry on a discussion with five parts. (The academic dispute about the marriage upon the right the damage compensation;the legislation survey—outside the territory infringement upon the right in the damage compensation ; the necessity; the legal basis; the reality , which becomes possible and necessary to ask for the compensation for the damage of infringing as a legal method.) Finally, on the base of the above analysis , I think people's relative law in civil law should explicitly stipulate for the spouse rights and interests as well as the behavior way of the marriage infringes upon the right; It also should simultaneously solve the problems which carry out the damage compensation in the marriage infringement upon the right; It should maximally eliminate the matrimonial torts in order to serve for the construction of the harmonious marriage family relation.