On The Construction Of Civil Responsibility System In Marital Tort

Marriage is the combination between man and woman as the spouses, which is confirmed by the contemporary social custom. China has experienced more than two thousand years of feudal society, by the "law would not join the home","family shame should not spread","family harmony is most precious" and other traditional concept, a lot of people do not want to face the marital tort, they are often reluctant to give up the family harmony and the use of litigation means to protect their rights, that the marital tort is a private matter between husband and wife, based on the special relationship in the individual, infringement behavior is often taken for granted evasion off the law sanctions. As China's economic development, social progress, China's citizens thought had a great turn, and not again as before blindly tied to old ideas, old ideas and traditions, coupled with reform and opening up has brought us new things, let us have access to Western culture. This allows more and more married women are aware of their rights, so pick up the legal weapons to protect their interests. There are severe defects that cannot relief the victim and curb the marital tort in calling to account of civil liability of marital tort in the current marriage law in China. Although the academic circles have strong desire to construct the civil liability of the infringement, there are still existing some contradictions. Family relationships within marriage is the most basic social relations, the stability of marriage related to the social stability, marital tort if they are not effectively contain bound to affect the stability of marriage and family, so building a marital tort civil liability system China's social development and the internal needs of building a harmonious society, to maintain family harmony, social harmony. Article is from the marital tort civil liability and the construction of marital Infringement theoretical basis and practical significance of departure, looking to build the system of marital Infringement barriers that exist around the constitute marital commitment infringement and tort liability issues discussed and the corresponding legal measures removing obstacles, which confirmed the construct of marital Infringement the feasibility and necessity of the legislation after a positive guidance role. In this paper, This method is intended in the writing of the legislation through as the basis, draw on other countries and regions of the legislative, judicial experience, civil law, marriage law, civil rights and other legal systems as an entry point on the marital Tort Liability System Construction depth Explore the theory and practice of the basic research methods, complemented by historical analysis, the purpose of analysis and other research methods, the combination of empirical and normative. The full text is divided into three parts in addition to preface and closing part.The first part is to identify marital tort. This part focuses on the infringement of the basic marital problems are discussed, from the marital tort concept, describes the characteristics of marital tort, components and concrete manifestations of the general marital tort violations and were compared, and the classification of marital tort and several typical marital violations were discussed, so we can better understand what is the marital tort, so that our future to make the right marital tort judgments, and better protect the interests of the parties marriage.The second part constructs the feasibility and restricting factors of marital tort civil liability. This part of the system of civil liability legislation in our country on the Construction of marital status of the feasibility analysis of Tort Liability, pointed out that the tort of civil liability in building systems within marriage there is some theoretical basis and legal basis, thus building a marital tort must civil liability system is feasible. Also pointed out that in the build processes appear in the academic and practical obstacles that may arise or marital tort system construction of the barriers to civil liability. It can be seen to build the system of marital Infringement imperative.The third part illustrates constructing civil liability system of marital tort. Construction of the first chapter describes the system of marital meaning of Tort Liability, which affirmed the civil tort system in the marital status of legislation can not be ignored, marital tort system to establish civil liability legislation on marriage and the family has a pivotal role in the improvement. Finally, the actual situation in our country, for this article referred to in Chapter II of the barriers may be targeted legislation proposed measures, which eliminates the problems of marital tort of Construction of China has played an active civil liability system role.