Study On Marriage Tort Liability

Marital tort is spouses’infringement on the other’s personal rights and property rights during the marriage. The marital tort during marriage has existed since ancient times, and it is more extensive with the social development. There are no exactly legal provisions on civil responsibility of marital tort in China’s present Marriage Law. The agent without fault could demand the compensation of agent without fault during the survival of marriage for bigamous, cohabitation with others, family violence, maltreatment and desertion as stipulated by the 46th clause of Marriage Law and the first judicial interpretation on Marriage Law, while the court shall refuse to accept any lawsuit filed by the parties concerned to separately demand the compensation of the agent without fault. All these provisions can not effectively solve the practical problems existing in the reality.In this paper, the basic theory of marital tort is firstly introduced including the concept, features, specific types and the main elements of performance of marital tort. Secondly, the writer tries to analyze China’s relevant legislation and find the deficiency of legislation by comparative analysis on the marital tort’s legislative experiences of the Common Law System and the Civil Law System. Thirdly, the writer offers suggestions on legislation of China’s marital tort by analyzing the necessity and feasibility.