Study On Building A Legal System Of Matrimonial Tort In Our Country

The modern marriage has been given the content of equal status as a couple based on theidea of personality independence. It decides that both husbands and wives have the equalrights and obligations. Equal status of couple guides development of the relationship betweena husband and wife towards the stable and harmonious direction. But in real life, not allfamilies are happy and harmonious. In the family, especially between the husband and wife,there are many violations of statutory rights and obligations between husband and wifeoccurred from time to time. Which also became a factor home hampered the normaldevelopment of a family. Therefore, states marriage legislation also protects both spouses'equal rights and obligations involved in public remedy from the perspective of legal norms toprevent and reduce the occurrence of marital tort. In our country, because of influencelegislative thought of "be thick not thin", the current "marriage" in violation of this regulationis imperfect. For the improvement of "Marriage Law", safeguarding the legitimate interests ofthe injured party, To Improve the matrimonial tort system is very meaningful. From thepurpose of application, the article is divided into four parts:The first part is introduction, making a prerequisite for marital violation and describing the definition and characteristics of marital tort, and Categories of matrimonial tort. Some of the most typical matrimonial tort is analyzed in this part.The second part discusses legal regulation of matrimonial tort in our country's law system. First of all, the article has pointed out the Specific provisions in current "Marriage law" regulating on matrimonial tort. Secondly, this part has analysis the existing legal limitations on the regulation of matrimonial tort.The third part discusses the necessity and the feasibility of building a system of marital tort. Building a legal system of matrimonial tort in our country has a profound significance for the improvement of marriage legislation and the Protection of Husband and wife's personality and family's stability. Also, we have the ideological foundation and material foundation to build our legal system of matrimonial tort.The fourth part discusses how to build our legal system of matrimonial tort. Legislation should begin in two ways. Which are the improvement of the relationship of rights and obligations between husband and wife, and the improvement of the tortious responsibility of matrimonial tort. At the same time, the article has given the reasons of Legislative proposals.