Research On The Civil Liability Of Marital Tort

Abstract:Marital tort is one kind of behavior refers to a violation of the rights and obligations between husband and wife during the marriage relationship, and bring damage of personal rights, property rights. In order to protect the legitimate rights and interests of the marriage relationship effectively, it is necessary to introduce the liability system of civil law into the field of marriage and family. Based on the case of Lee v. her husband Long on the right to health, this paper gives legal analysis about two focus of controversy, they are whether marital tort should bear civil liability and how to undertake it, then puts forward legislative suggestions. There are not enough rules about the civil liability of marital tort in the legislative of our country, and different opinions existed in academics. The establishment of the civil liability system of marital tort is necessary, not only because it is good for perfecting the legislative, but also helps to preserve the relationship of husband and wife. At the same time, the realistic conditions and foreign experiences can improve the establishment of the civil liability system of marital tort. Of course, there are obstacles, including the substantive law, procedural law, ideas and other aspects. In marital legal relationship, people’s rights should be protected, the behavior of the infringement should be punished, so there should be a responsibility to marital tort. About the undertaking of the civil liability, there are different ways, such as to compensate for the losses, to stop the infringement, to apologize, to eliminate the influence and to restore the reputation, etc.