The Research On Civil Responsibility Of Matrimonial Tort

Effected by an integral doctrine of spouse in early days and malposition in ethic culture of China tradition in nowadays, matrimonial tort is always looked upon as"fighting between right and left hands of one people", as well as which hand undertake responsibility is putting money from a bag into another bag.Matrimonial tort is cut apart from in entire tort responsibility of civil system by people, because of the particularity in subject, behavior and mutual relation etc, so as to think that there is no significance of existence for matrimonial tort responsibility system and is satisfied with the faint relieve to the sufferer from damage compensation of divorce .For one hand, matrimonial tort is harm to society and the victim is entitled to gain legally relief. On the other hand ,this encroachment has particularity, it will disobey the reason if we adopt the means of the common civil relieves, therefore, the author think that the dispute treatment should apply to the marriage law and peculiar procedure regulation to occurrence encroachment mutual of husband and wife. The article includes four parts. It's about why we need and how to realize as well as how the gauge makes marriage inner tort responsibility in marriage and family law in China.For the first, on the basis of discussing about current situation, degree and manifestation, through by fixing position to personal and property, the author carried out the concept of matrimonial tort, characteristic and traced the history of it.Secondary, on the basis of concept in personality independence, equality of men and women, in civil law which is private field, It's essential and possible for a part of spouse to seek for legal protection when his suffered damages from another during the continuous period of marriage relation. The article made seasonal analysis to the theory of matrimonial tort at the present at the same time. The author proved the necessity and rationality, structuring the responsibility system of matrimonial tort from four aspects such as the material basis, ethics basis, and legal principle basis.At last, the article discussed about that legislation pattern procedure law and entity law of matrimonial tort responsibility system. On the basis of above analysis, not only think that we should establish the concrete norm in the relative law of the civil code, but also we stipulated clearly the spouse rights and the behavior means of matrimonial tort and ascertained different tort responsibility form ,as well as the relief way for the compensation of damages. We should make no efforts to deal with matrimonial tort effectively from just now, at the same time that resolving the hard copulating for damages implementation of matrimonial tort in order to remove matrimonial tort in the maximal degree actually and serve to build civilize, stable and harmonious marriage.