Research On Marital Tort Compensation System

"No remedies, no rights" is a famous old saying in legal forum. It means that when a kind of right cannot be safeguarded by law, this right cannot be so called "right". Legal protection is absolutely necessary to the so called rights.With the improvement of citizens' legal consciousness and the return of right consciousness, more and more parties of marriage pay attention to tort and compensation for damages between husband and wife. The damage suits between husband and wife have already appeared in the judicial practice. But, for lack of regulations in Marriage Law of P.R.C., and because joint property between spouses can't be cut apart when the marriage relationship continues and that most families in our country have adopted joint property system between spouses, the compensation for damages between husband and wife lacks effective property guaranty and the civil relief of compensation for damages among couple becomes difficult to implement. How to reimburse the injured through civil remedy, how to safeguard the marriage parties' legitimate rights and interests in a more effective way, and how to promote the stability of the marriage and family, is not only a hot issue in current judicial practice ,but also a much-concerned social issue. Based on whether marital tort compensation is necessary and how to realize it under present law and combining with relative regulations of foreign countries, the paper discussed several problems in marital tort.The paper has four main parts besides the preface and conclusion.The first chapter is the introduction of marital tort. Marital tort happens during the term of the marriage. It is different from other kinds of tort in many aspects. And it can be divided into different sorts according to different criterions.The second chapter is the controversy on establishing marital tort compensation system. Negative opinions suggest that the union of husband and wife made the tort between them not illegal and acquire one spouse to compensate the other is impossible to implement under the joint property system. Positive opinions hold that marital tort compensation is not only necessary, but also has its legal foundations. The author prefers to establish marital tort compensation system in our country. The third chapter is about the feasibility of building marital tort compensation system. First, enumerate the legal fundaments in Constitution, Civil and Marriage Laws. Second, draw the necessity of establishing marital tort compensation system and the problems arising out of lack of such a system. Third, analyze the feasibility of building such system in our country. Last, refer to other countries' and regions' legislative and judicial experience.The fourth chapter is to discuss how to build marital tort compensation system. The key points are as follows: the identification of marital tort, the definition of the scope of marital tort, the definition of the content of the system, the time limit of requesting rights and the building of spouses' special property system.