Study On Damage Compensation In Marital Tort

With the development of socialism marketing economy, family possessions continue to increase. Equal and independent thoughts are accepted by more and more people. Rights protecting consciousness between spouses are gradually strengthened. To provide relief ways to protect spouses' legal rights, divorce damage compensation system was added to Marriage Law in 2001. However, it seems too rigorous for the innocent spouse to stipulate damage compensation only when divorcing. Divorce damage compensation is more and more difficult to achieve its objective without support as the marital tort conduct becomes more and more complex and serious. Building damage compensation system in marital tort is imperative under the situation. To some extent, building damage compensation system in marital tort is an important step to protect human rights, to perfect marriage lawmaking, and also a good way to maintain family and society stability. Nowadays, conditions to build that system are basically maturated. The perfection of Marriage Law will surely exert law's function in marriage area.This article clears the composing and responsibility assuming of marital tort and analyses the deficiencies of relative law rules on damage compensation in marital tort by the means of comprehensive research and Contrastive research. This article also points out the substantial conditions, idealistic conditions and legal conditions have basically matured. On the base of referencing other countries' law rules, this article makes some suggestions on perfecting our national law rules of damage compensation in marital tort.This article is consisted of four chapters. Chapter One expatiates on the basic theories of damage compensation in marital tort, and compares damage compensation in marital tort with other damage compensations. Chapter Two discusses the necessity and feasibility of carrying out damage compensation in marital tort. Chapter Three points out the deficiencies of our law rules on damage compensation in marital tort compared with other countries' law rules. Chapter Four discusses the ways to perfect our national law rules of damage compensation in marital tort, and makes some suggestions on pattern of legislation, building of spouse right system, modifying of marital property system and the specific clauses designing of damage compensation in marital tort.