| Marriage is the foundation of a family while family is the cell which composes the society. A happy and sound marriage urges the spouse to honor their correspondent responsibilities so as to build an equal and harmonious marriage relationship. This is also beneficial to the construction and development of a harmonious society.With the development of economy and the improvement of social civilization level, the idea of pursuing equality and personal independence, has drawn greater attention of married women and there is a higher awareness of protecting their legal rights from being violated. Nevertheless, marriage inner act of tort happens frequently in recent years and the civil liability system in our country has not yet been established currently. As a result, in the judicial administration, different court houses respond variously to the request of compensation in marriage inner damage, the academic circle has dispute over the issue as well. Due to the lack of law and different practices in judicial practice, the legal rights of victims in marital tort can't be maintained effectively. Therefore, it is the urgent priority to establish civil liability for marriage inner act of tort in the legislation of marriage.With the methodology of combining theory with practice, the paper explores and studies the civil liability in marriage inner act of tort by the methods of analyzing theories, practices and comparison. Besides the introduction and conclusion, the paper can be divided into five parts:Part I, on the basis of theoretically defining marital tort and the civil liability of it, by comparing the differences between marital tort with common tort, the paper comes out with the particularity of marital tort and analyses the essentials, manifestation as well as the way of taking relevant responsibility. In this way, the paper lays groundwork for the exploration of marital tort in the following parts.Part II, the paper analyzes the major academic viewpoints on the legislation and judicial actuality of civil liability of marital tort in our country, thus acquiring the knowledge of the defects in legislation and the flaws in judicial practice on the whole. As a result, necessary guidance is provided in the legislation and judicial practice of civil liability of marital tort in our country.Part III, analyzing the essentiality and feasibility of the establishment of marital tort civil liability in our country. As for the analyze of necessity, three aspects are concerned: protecting the legal rights of both spouses and realizing the equality of men and women; Making up for deficiencies of law and perfecting our legal system; maintaining the stability of family and building a harmonious society. As for the feasibility, analyze is made from the aspects of economic, ideological and judicial basis.Part IV, by observing and analyzing the definition of marital tort given by two law systems and some judicial practices of foreign countries, exploration is made on the establishment and development of civil liability on marital tort from which experiences can be drawn. Besides, references for legislation in our country are provided.Part V, on the basis of the above discussion, preliminary speculation is made about the construction of the civil liability system of marital tort:specific provision must be established in《Marriage Law》, rights and responsibility between spouse should be perfect, the responsibility of inner marital tort and request of divorce compensation is allowed to combined; keep improving the marital property system so as to provide economic basis for the establishment of civil liability of marital tort; by establishing the systems such as debt obligation, suspension of time limitation, flexible allocation of the burden of proof, the implementation of marital tort compensation can be done in procedure; legal regulation about marital tort must be made in order to protect legal rights of victims in marriage and maintain the harmony and stability of marriage and family. |
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