The Discussion On Liability For Matrimonial Tort

The family is the cell of the society, family stability is the cornerstone of social stability and harmony. Marital relations are the most critical factor in family relations, which is also important in building a harmonious society. However, in the actual life, infringements appearing massively between husbands and wives have destroyed the equality and harmony and have interrupted the family stability and also have become the obstacle for structuring harmonious society of socialism. China's Marriage Law provides for divorce damages, which is a means of relief to protect the legitimate interests of victims of marital tort, but the scope of the system confines to the statutory four scenarios, and it is too harsh that only the innocent part in the divorce has the request. In the wake of multiple violations in marriage, the creation of civil liabilities of torts between husband and wife has important theoretic significance and practical significance to protect lawful rights and interests of the marital litigants and to build the harmonious family and harmonious society.This article is divided into five parts. The first part has put forward questions involving in the theory, legislation and practice; The second part has expounded the social basis of marital tort liability, the theoretical basis and the legislative basis and explored the components and its liability of matrimonial tort; The third part discusses matrimonial tort liability in legislation and the inspiration of future legislation by comparing common law and civil law; The fourth part discusses the non-marital property infringement liability and property of the responsibility empirical analysis and aggregation of the couple tort civil liability, administrative liability and criminal liability; the fifth part has posed aspects of perfecting the marital legislation through establishing marital rights,marital tort relief and marital tort liability.The first part, by introducing three similar cases in different regions, different levels of court which make the opposite judgments, the author reveals the problems existing in theory, legislation and practice which may lead to legal and social consequences.The second part, in the perspective of theoretical analysis, author discusses the social basis of marital tort, the theoretical basis and the legislative basis. In the light of characteristics of matrimonial tort, the author discusses five special constituents and responsible way of matrimonial tort.The third part, by using comparative analysis of research methods, the author introduces the major legislative attitude evolution of tort liability from qualified denial recognition to the full recognition in the common law and civil law and discusses the two legal systems of the future legislation on marriage and family in China.The fourth part, the author discusses the non-marital property infringement liability and property of the responsibility by empirical analysis and aggregation of the couple tort civil liability, administrative liability and criminal liabilityThe last part, according to the problems in the theory, legislation and practice put forward in the first part, in reference to foreign-related legislation, the author has posed aspects of perfecting the marital legislation through establishing marital rights,marital tort relief and marital tort liability, in hopes of marriage and family legislation of the gradual improvement of one point theory bedding.