The Discussion On Civil Liability For Matrimonial Tort

For the adjustment of spouse relationship, it provides civil relief of the divorce damages during the whole marriage time but have not provided clearly marital damages of matrimonial tort in China's Marriage Law. Nowadays the legal system in the socialism government is becoming more perfect day by day. People's idears of safeguarding themselves rights has been strengthening in 21 century. If infringers violates the legitimate rights and interests of another side, he or she will inevitably cause infringement upon the other's lawful rights. As to the specificity of spouse's personal and property relations, it investigates frequently more infringers' criminal violations and administrative responsibility in law, but ignore the existence of civil liability, which is not conducive to protect the interests of the victims. In fact, the infringer can not be exempted from civil liabilty in spite of the existence of the marital relationship. It can make up for the blank to establish civil liability for infringement of marital in laws and regulations. At the same time, it also is an effective way to maintain stability and harmony in marriage and family life. According to the characteristics of the infringement tort and the civil liability for matrimonial tort, drawing on provisions of the legislation in extraterritorial law, in the last part of this article I have a discussion with five aspects to improve the system of marital tort against the status and lack of legislation about the civil liability for matrimonial infringement.