Research On Marital Tort Compensation System Of China

In recent years, the rate of marital tort is on the increase, which has seriously threatened the stability of marriage.However, influenced by the traditional family ethics, China invariably holds the opinion that marriage should be regulated by ethical codes. Since law should not interfere marriage life, marital torts should not be regulated by law.At the same, the traditional matrimonial property system of China also makes marital tort compensation system impractical. Whith the couples’ personalities began to be independent, people’s individual consciousness has begun to wake up.In the past, pepole always focused on the common interest of husband and wife,while,nowadays, people has begun to pay attention to the interests of husband and wife respectively. When the confliction between husband and wife egalitarianism and tradional family ethics happends, how can we deal with marital tort campensation system.The emerge of the suits of marital tort in our everyday life are the realest reflection of husband and wife’ need, which is to protect their own rights as well as matain their marriage. However, the Suprem Cort, in its interpretations, clearly expresses its denial of compensation for marital damages not on the premises of divoicing. Such provisions do not accord with the value of marriage law. The unresonableness in legislation leads to husband and wife laking relieves. Besides, due to the unresonableness in legislation, it’s not uniform in the handling of cases concerning compensation foe marital damages in judicial pratice. In order to comply with the advanced thoughts of right, democracy and equality, as well as protect husband and wife’s rights to make marrige life more harmonious and keep social stability, we must construct marital tort compensation system.This article is divided into five parts. The first part mainly describes the multiple aspects of marital tort compensation system. In this part, the author reveals divisions in theory, the discrepancy in legislation and the disunity in judicial practices, and forward the problem:Is it advisable to that marital torts should be regulated by ethic codes? Whether should we construct marital tort compensation system? Secondly, the auther analyse the necessity and feasibility of marital tort compensation system. Since our marital infringement relief has many limitations, it’s nececessary for us to construct marital tort compensation system. The ideological foundation, meterial founndation and overseas legislation exerience make it feasibale for us to construct marital tort compensation system. Besides, the auther discuss the nature, characterister, and justification range of liability for compensation for marital tort. In the end, the auther forward two suggestions to the construction of marital tort compensation system:to perfect spouse rights system and to improve marital property system.