Study On Tort System Of The Duration Of Quasi-marital Relationship

With the development of society,people′s ideological change,the increase ofwomen′s economic independence,reduction in the security of marriage,and other aseries of changes,quasi marriage has become more and more popular.Because quasimarriage has certain rationality,it has been most people′s default or even openly infavor.With a large presence of the phenomenon of quasi marriage,the problem of the tortof the duration of quasi-marital relationship is more and more outstanding. AlthoughTort liability law of the People′s Republic of China provided a relatively mature tortsystem,owing to quasi marriage is a fact status that it is similar to marriage,the partiesof quasi marriage live together as married couples and have very closerelationship.Therefore,it will appear curt that let the relevant provisions of tort liabilitylaw completely be used for deal with the problem of quasi marriage.At the sametime,quasi marriage is,after all,different from the marriage,so it is not feasible that letthe provisions of The marriage law of the People’s Republic of China completely beused for deal with the problem of quasi marriage.Therefore,the best solution is thatformulate special provisions concerning quasi marriage and the civil tort liability for thetort of the duration of quasi-marital relationship in The marriage law of the People’sRepublic of China,so as to provide legal basis for the judicial organs when they dealwith these problems,protect the parties′lawful rights and interests and realize valuablegoal of justice.In addition to the introduction and conclusion,this article is divided into five parts.In the first part,this paper introduces the basic theory of quasi-marital relationshipand the tort of the duration of quasi-marital relationship.Then it analyses the concept ofquasi-marital relationship,comparisons between quasi-marital relationship and relevantconcepts, the components of quasi-marital relationship,the basic content ofquasi-marital relationship,and the brief analysis of the basic theory of the tort of theduration of quasi-marital relationship.In the second part,the paper analyzes the lack of regulation about the tort of theduration of quasi-marital relationship in our country′s current law,which is breakthroughpoint of writing.This part discusses from two aspects,which are marriage and quasimarriage in current law,the tort and the tort of the duration of quasi-marital relationshipin current law. In the third part,the paper discusses the necessity and feasibility of the constructionof the tort system of the duration of quasi-marital relationship.Firstly, through realnecessity and legal necessity,it analyzes the necessity of the construction of the tortsystem of the duration of quasi-marital relationship.Secondly,through relativelylegislative and judicial experience and practice abroad,and relatively legislative andjudicial practice at home,it analyzes the feasibility of the construction of the tort systemof the duration of quasi-marital relationship.In the fourth part,the article analyzes the difficulties of the construction of the tortsystem of the duration of quasi-marital relationship.This section includes twoaspects,which are people′s opposition to enact rules to regulate quasi-maritalrelationship and the lack of provisons about quasi marriage in related laws.In the fifth part,the article analyzes that we must formulate special provisionsconcerning the civil tort liability for the tort of the duration of quasi-marital relationshipin marriage law.This part is the proposed measures of the difficulties of the constructionof the tort system of the duration of quasi-marital relationship,which actually is on thebasis of part four and which is the key of this paper.Firstly,it introduces that we need toestablish the system of quasi marriage in marriage law.Then through the components ofthe civil tort liability for the tort of the duration of quasi-marital relationship,the victims′claims of the tort of the duration of quasi-marital relationship,the liability way of thetort of the duration of quasi-marital relationship,the limitation of the civil liability forthe tort of the duration of quasi-marital relationship,relief agencies of the tort of theduration of quasi-marital relationship,it makes clear that we must formulate specialprovisions on the civil tort liability for the tort of the duration of quasi-maritalrelationship in marriage law.