Study On Damage Compensation In Marital Tort

In the marriage the abuse of authority always exists. In a husband and wife body principle legislation time, this problem was not heeded. With economic development, aware of the awakening of individual rights and personal independence and the equal status, the adults have also begun germination. Our traditional family value has also been the transition of the deep impact. In the face of marital Torts, by legal means to remedy the harm, they also hope in this way for the respect of their lawful rights and interests. But the existing legislation does not satisfy these demands. In our country the establishment of marriage within the compensation system is a major difference. Therefore, it is necessary to go further into the problem. At present, China is formulating its Civil Code; marriage will be one of a series. I hope that through to the study on Damage Compensation in Marital Torts, in order to improve China-related legislation to make recommendations to promote the improvement of the system.This total consists of four parts, words about 30000 words.In the first part, the writer has summarized Marital Torts on the basis of tort theory. In this section, the writer has focused on the civil essence of marital tort as well as the exclusive trait of marital tort, made a study of the infringing act, trait, and constructive conditions.In the second part, the writer discusses the theoretical and reality foundation of marital t orts compensation. Through discussing the opposing views, that is denying establishment of marital torts damage compensation, the writer discusses the theoretical foundation. Also through Citing overseas legislative and judicial experience, discussing ideological basis, the legal basis, and its social importance, the writer discusses the reality foundation.In the third part, the writer discusses the relevant legal provisions and inadequate of our marriage marital torts compensation. From his personal relationships and property legislation aspects elaborated, the writer wants to perfect the marital legislation.In the last part, the writer has put forward some marital legislation, they are perfecting couple of personal relationship between legislative, establishing a couple of personal property, being very property system, setting up a credit certificate system.