Talk About Our Country's Regulation Of Marital Infringement

Harmonious marriage life is the foundation of constructing a socialist harmonious society. The requirement of realizing holistic harmonious marriage life is the equal and harmony between spouses. However, infringement problem between spouses is increasingly highlighted in real life. By surveying ten grassroots court in Jilin area, the author found that lots of spouse infringement within marriage litigations poured into the courts. However, case filling chamber refused to accept the litigations according to the 29th regulation of "the supreme people's court on<marriage law of the People's Republic of China> for the explanation of some issues (a)", caused right infringed party cannot accept the legal protection and relief effectively. Therefore, establishing marital infringement rights is utmost important theoretical and practical significance on protecting the marriage party's legal rights and constructing socialist harmonious society. The thesis composed of five parts (except conclusion). The author mainly talks about the necessity of constructing marital infringement rights from law application aspect, deficiency of current law regulations, and the basic idea of perfecting the legislation system etc.The first part is the introduction. By introducing different judicial cases of marital infringement, the thesis talks about the impact to judiciary system as lack of the marriage infringement legislation. The research scope limits to marriage infringement between husband and wife, not referring to the third person issues.The second part is the general theory of marital infringement. This part mainly discussing the differences between infringement within marriage and general infringement; the constituents of marital infringement; basic types; different academic ideas on whether the marital infringement should bear civil liability or not; and methods of bearing marriage infringement's civil liability to establish the theoretical system of marital infringement academically.The third part is the related legislation of foreign marriage infringement. Through understanding and explaining the historical evolution of the Anglo-American. French law system and continent law system on civil liability of marital infringement, providing useful ideas and reference to our country's marital infringement theory and practice.The fourth part is our country's current marital infringement regulations. By analyzing the judicial chaos situation caused by the current marital infringement regulation, the author points out that our country's current "Marriage Law" doesn't have specified regulation on cohabiting rights, cohabiting rights, and birth rights between spouses. On the spouse property, the related regulation system isn't perfect; the scope of community property is too wide, private property scope is too limited. Regulation of legal property is too detailed, and regulation of conventional property is formalized.The fifth part is our country's regulation of marital infringement. Mainly talks about the need of establishing marital infringement to protect human rights, fill the legal limbo, and maintain social harmony. The author promotes that put forward the substantive law about spouse rights, separation rights, also improve the marital property system. In procedural law, regulate marital infringement damage indemnity execution duration as 1 year and the endurance of the marital relationship should be other obstacles of suspension of prescription related law in the Civil Law. And the author creatively proposed pluralistic dispute settlement mechanism on marital infringement, emphasized the positive effect of people's mediation principle in solving marital infringement dispute.