| As the modern economic life become fast and complex and people’s life level become higher and higher, the citizen’s consciousness of legal protection also becomes stronger and stronger. Marriage and family as the basic unit, weather the relationship of couples harmonious or not influences the stable progress of human. To guarantee the harmonious and steady of marriage and family life and avoid matrimonial tort, not only the need to promote the stability of family, but also the need of the human’s progress.However, the emerge of more and more tortuous act, the<Marriage Law> only explicit the compensation for damages of the divorce. That is to say, matrimonial tort which won’t lead to divorce haven’t legal ground. That is also to say, although the serious tortuous act which can lead to divorce appear, the injured party’s legal right can’t be protected by law. According to the rules of China’s tort liability law, the infringer shall be liable for his infringement if it causes damages to others. Nevertheless, due to the specificity of conjugal property relationships and personal relationships, our existing laws provide rules more about infringer’s criminal and administrative liabilities than about civil liability, which is seriously against the vital interest of the infringed. Marital relationship should not set as justification for exempting a party from marital tort civil liability. To establish a sophisticated system of marital tort civil liability is a supplement of the existing laws, and more importantly an effective way to maintain the harmony of marriage and family and social stability. Based on the reality of the present legal loophole and social need, this thesis firstly states the necessity and feasibility of establishing system of marital tort civil liability, and then provides suggestions on how to establish it. This study is supposed to make legislative contributions to more effective settlement of marital infringement and maintenance of harmonious marriage, family and society. |
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