Theory Of Marital Tort Damages System

With the high speed development of economy and the improvement of legal consciousness of people, more and more people begin to get rid of the past idea of "husband and wife of one" and think that both husband and wife shall have equal legal status and independent property rights. In view of this,"marriage law" has been revised in2001, and relevant judicial explanation has been published to better adjust marriage relations, make our marriage and family law construction field system become more and more perfect and mature. But unfortunately, the revised marriage law and judicial explanation, just stipulated the divorce compensation for damage regulation, did not involve marital tort compensation system. It isn’t easy to protect some right of the spouse during the existence of marriage in judicial practice. Therefore, in today of the conception of rule deepening, citizen subject consciousness and rights protection consciousness increasingly strengthening, discussions about infringement compensation system during the existence of marriage is particularly important to better safeguard the legitimate rights of the spouse and further perfect marriage legal system.In writing process, the article use the transverse comparison, historical research and value analysis method to analysis the definition about marital tort compensation, explain the feasibility of tort compensation system within marriage in China, and put forward the suggestion about the infringement system on the basis of relevant experience in legislation in other countries.In addition to preface and epilogue, full text is divided into four parts:The first part is the general analysis of the infringement within marriage. Marital infringement is the infringement behavior that occurred between husband and wife during the existence of marriage. It is different from general infringement, particularly in aspect of the tort subject, the subjective aspect, tort object, and the content. The infringement within marriage and divorce compensation for damage have some certain similarities, but also have many differences. Their differences mainly display in:the purpose of legislation, mention a claimant time, the application of laws and scope, the applicable premise and protection of object.The second part is feasibility of establishing China’s marital tort compensation system. Marital tort compensation system is based on certain economy, thoughts, legal and theory. Meanwhile, many foreign countries such as Britain, USA, France, Germany, Italy and other have regulations about marital tort compensation system. These regulations can provide our country relevant reference. In addition, marital tort compensation system for the protection of human rights, the establishment of perfect relevant laws, maintain law and promote family stability, unity of social harmony is of great significance. In addition, marital tort compensation system establishment has significant meaning in aspects of the protection of human rights, perfecting the relevant laws, upholding the law of the unity, promoting family stability and social harmony.The third part is the legislative situation and insufficiency of the marital tort compensation. There are some regulations about marital tort compensation system in China. However there are relatively clear laws in Hong Kong, Macao and Taiwan regions, the laws in mainland are more ambiguous and obviously exist deficiencies. The laws about marital tort compensation system have appear relatively lag behind.The fourth part is the legislation of perfecting marital tort compensation system. Marital tort compensation system is well perfected from spouse right, marital property system, credit vouchers, marital tort compensation methods, the period of exercise of the claim and burden of proof. So that it can be adapt to the needs of the society and play a better role.