Marital Tort Damages

Tort between husband and wife's marital problems exist from the time when the institution of marriage to exist in different forms, but different manifestations in different periods, and relief in different ways. With the development, social progress, increased social status of women, making the husband and wife become relatively independent of personality, position relative equality. Freedom, equality ideology deeply rooted in today's society, people's rights consciousness awakening, makes sense of marital rights has also been a corresponding increase. Infringement and damages within marriage has increasingly become a hot social problem, the formulation of laws and regulations,jurisprudence has become one of the priorities. Our law on marriage has been no direct infringement within the provisions of, and real-life marital tort in an increasingly complex social environment is emerging by the injured party need legal means to protect their rights, given due damages, and in order to appeal to the community to maintain and respect for marriage and family as a whole.This paper aims at exploring marital basic theory of tort damages, by marital tort damages system of foreign law, study, construction of marital tort damages system, to perfect the system of tort damages husband and wife, to avoid gaps in legislation, judicial loopholes . The first chapter of the article is the basic marital tort damages theories, combing the marital concept of tort damages, analysis of marital characteristics of tort damages, marital summarized the types of tort damages. The second chapter is a marital tort law compensation system, study abroad, through the marital system of tort damages in common law, civil law evolution of the historical review, summed up the two legal marital tort damages system on China. The last part of Chapter III, marital tort damages system building in China, through the tort damages of marital status of the system analysis of the construct of marital tort damages system need not make a few final mature on Perfecting the marital Injury Compensation legislative proposals.