Between Husband And Wife Tort Damages Study

With the legal system has become more and more perfect,and people's consciousness of safeguarding own rights has unceasingly strengthened,More and more dissension of spouse tort come forth in Judiciary Practice,we should to study how to do the legal remedies for spouse tort.Chinese marriage law has some disfigurement because some historical and technical reasons;there are some judgements have the same complexion but different judge in Judiciary Practice by reason of faultiness of law criterion;and there are a good many dissension in academia.Therefore,the foundation of consummate tort liability system not only can protect the legal rights and interests of marriage party,but also have many benefits for treat with Judiciary affairs about this kind dissension accurately.Author wish that,by the analyses and research of spouse tort,to table a proposal for correlated legislation,and promote consummating the marriage law.This paper adopt the form of fetching out theory form cases,bring forward own viewpoint via contrast and analyze some theories.In addition to the preamble and the conclusion,the text is divided into five parts.The first part,cite two real cases in judicatory practice,illuminate that when hear the cases of spouse tort,Chinese courthouses have two kinds of judge,hold out or reject marriage party's litigant request.Then,on the base of analyses scholar's differ viewpoints,conclude the controversial focus of this kind of dissensions:whether we can come into existence of spouse tort? How to cognize the spouse tort? How to assume the compensatory duty of spouse tort?The second part,introduce the basic theory of spouse tort,fetch out the conception and characteristics of spouse tort,introduce the types of spouse tort, resumptively.The third part,analysis the need of the establishment for tort liability system between husband and wife.This is the base and cut-in point of this paper,in this part,analyze the localization of Chinese spouse tort liability system.The system don't fit the need of protecting human rights in modern times.Then indicate that,we should consummate spouse tort civil liability system,it is propitious to remedy of the rights of the marriage parties,be propitious to stick up for the oneness of law,be propitious to the realization of equality of men and women and harmonious society,be propitious to the stabilization of marriage and family.The fourth part,on the establishment of marital tort liability system is feasible.In modern society,the conception of equality go deep into person's mind,civic personality is more and more independent,along with the thorough law research,the consummation of statute and law,the enhancement of legal system construction,the establishment of marital tort civil liability system has its theoretical foundation,legal basis,substantial foundation,in our country.The fifth part,the spouse tort liability system construction in China.first of all,The authors put forward several rights and obligations should supplement in our ongoing marriage law system,from the angle of consummate the law system of person's rights and property rights,such as the rights and obligations of cohabitation and faith between husband and wife, and the Couple's Agency of Family Affairs,the right of instauration of Statutory Matrimonial extraordinary Property System,nail down the right of spouse special remain,the part of spouse has the rights of variation and withdraw of spouse promissory Property.Secondly,consummate the tort assumed manner,we can adopt many means.Such as terminate Community of property system constrainedly,establish creditor's rights certificate system, establish delay-compensated system,confine the infraction of party's right to dispose of property,etc.