The Civil Liability System Of Marital Tort's Research

With more and more Marital Torts have been intensified in our real life, but In China, the current "Marriage Law" hasn't any corresponding provision to protect spouse's rights away from varying degrees of damage.This article clears the composing and responsibility assuming of marital tort and analyses the deficiencies of relative law-rules on damage compensation in marital tort by the means of comprehensive research and contrastive research. This article also points out the substantial conditions, idealistic conditions and legal conditions have basically matured. On the base of referencing other countries' law rules, this article makes some suggestions on perfecting our national law rules of damage compensation in marital tort.This article is divided into introduction, body and conclusion of three parts, the body consists five chapters which specifically includes:ChapterⅠ:The concept of marital tort and characteristics. This chapter explains the meaning of marital tort and extension of the system with the divorce damages compared to a better understanding of marital tort damages of purpose and meaning.ChapterⅡ:the theory marital disputes and practice of tort jurisprudence. This chapter to deny that and say for sure that as the basis, two typical cases as the starting point of practice, that tort liability could be established between husband and wife.ChapterⅢ:marital tort liability established the necessity and feasibility. This part mainly from abroad relating to marital tort liability provisions, analyzes the shortcomings of current marriage legislation, demonstrated within marriage in our country need and feasibility of tort liability.ChapterⅣ:Construction of marital tort liability. This chapter is the core, and also the innovation section of this article. This section discusses the Tort Liability marital principles, components and copyright infringement claims and the accountability approach.Chapter Five:marital tort legislative proposals. This chapter discusses the creation of very property system, the four aspects, through the legislative proposal to establish a marital tort liability to provide strong protection.