On The Legislative Construction Of Civil Responsibility System Of Marital Tort

Nowadays, Marital Tort happens regularly. Due to the features of marriage, theseacts are disguised and ethical, so the public power is hard to intervene. To protecttheir interests, the victims are troubled with the legal deficiency. The legal deficiencymay caused by the features of marriage, which results not too much interference ofthe law. It may also cause by the legislative background--there is no so many facts oftort. By referring to data, the author found that the relevant laws are more completeabroad. There is no harm in using them for reference as achievements of humancivilization combining actual conditions in China.The thesis will discuss anddemonstrate from the following aspects: the necessity and feasibility of theconstruction of civil responsibility system of marital tort; the comparison approachwith the legislation of civil responsibility of marital tort abroad; the construction ofcivil responsibility system of marital tort. The necessity of the construction of civilresponsibility system of marital tort will be discussed from the following threeaspects: in favor of the protection of human rights and fulfilling the legal gaps; inorder to provide legal basis for judicial practice in marital tort and promote familyharmony; to maintain social stability. The feasibility of the construction of civilresponsibility system of marital tort will be discussed from the related theory, legaland material basis on the construction of civil responsibility system of marital tort.The comparison approach with the legislation of civil responsibility of marital tortabroad will be investigated from the legislation of the civil responsibility system ofmarital tort in the civil law system and common law system.The construction of civilresponsibility system of marital tort will be discussed from the following two aspects:the composed elements and the formation of the civil responsibility system of maritaltort. The composed elements should meet the following four conditions: subjectivefault, delinquent behavior, damages facts, causal relationship. There are three aspectsin the formation of the civil responsibility system of marital tort: the construction ofmarital property damage compensation system, the construction of marital mentaldamage compensation system, the construction of marital non-property responsibility system.The marital property damage compensation system includes: special propertyregulation, creditor’s right voucher system. The construction of marital non-propertyresponsibility system includes: add the regulations on the obligation of cohabitationof spouses, add the regulation on the faithful virginity, and establish the regulation onliving separate and apart. Marital torts in China is diversifying and increasing whichaffect the harmony and stability of in the family and society. The legislation of relatedlaws lags behind by other countries. Therefore, it admits no delay to construct thesystem of civil responsibility of marital tort. By consulting instructors, resourcing,investigating the details of the case, studying the theory in China and comparing thelegislation abroad, the author gave suggestions to the construction of civilresponsibility system of marital tort in order to pave a effective way to protect thelegitimates and interests of marital parties. The solution of marital torts will be infavor of the protection of victims’ interests, the realization of the fairness and justicein the family and the maintaining of the harmony in the family and society.