Research On The Marital Tort Liability System In China

Since ancient times,marital infringement is widespread,Just decadent feudal ancientsociety,this problem is not taken seriously. However, with the founding of New China and thedeepening of reform and opening,new marital tort phenomenon in large numbers,a serious threatto the harmony within the family, thereby affecting the construction of a harmonious society.InChina, to institute infringement complaint is not the case in the marital relationship continues toexist between husband and wife, existing legislation and can not meet such demands of thepeople, the judiciary and theorists on whether to support the infringement complaint maritalthere are also major differences.Therefore, has the need for in-depth study of couples marital tortliability issues.The marital infringement in the legal relationship between husband and wife during thesubsistence, the spouse implementation infringe on the other side the legitimate rights andinterests of the fault behavior, contrary to the provisions of the legal rights and obligations ofhusband and wife, each other’s personal property and spiritual aspects of sustained direct harm toa tort. The current law only made the relevant provisions of the divorce damages, this makes theinfringement has not reached the the divorce the point where the couple is no legal basis. Wheninfringement marital occur, tortfeasor to the injured party should bear the responsibility of what,theory and judicial practice, there is a dispute. The angle of this article from the marital tortliability system, Research and analysis: tort liability under the marital characteristics, learn andabsorb the extraterritorial marital tort civil liability system research and legal practice outcomes,examine Chinese “Marriage Law "and other relevant laws content infringement provisionsrelating to marital status and lack of, trying to infringement issues of marriage and family life inthe existing marital little early to explore.This paper is divided into four specific parts:Chapter One, overview of infringement marital, elaborating on the basic theory of maritalinfringement.The first, defined concept characteristics and classification of marital tort;Secondly,introduced the current doctrine of tort liability theory marital,that is certainly that andnegate that,elaborated his views on this basis.Chapter Two, is identification and commitment of the marital tort liability. This section revolves around the principle of attribution marital tort, components, Civil Relief three aspects ofmarital infringement legal system may regulate, the marital tort liability theory which build onacademic.Chapter Three,is infringement of the legislation for the foreign marriage. Understanding andinterpretation of the relevant legislation of infringement of civil liability on the common law andcivil law marital,which our theory and practice to provide useful ideas and learn from.Chapter four, is infringement legal regulation exists within our marriage and its perfect.First, our current legal marital tort legal regulation of the status quo and its main problems;Secondly, exist according to the infringement legal regulation of marital problems, asked theperfection of the marital tort law regulation, around clear in the substantive law of spouse rightand the responsibility to establish the spouse’s right to bear way, establish a creditor certificatesystem, the implementation of the jointly owned property termination system, re-established asseparate property regime, build couples temporarily separated system, to curb domesticviolenceto present some ideas.