On The Marital Tort Civil Liability System

Marital tort is a legal marriage of a spouse, harm the other party’s legal rights, so that the other person, property and spiritual damage behavior. The marriage inner act of tort is a tort, although has its particularity, but still is a kind of illegal behavior, the infringing party should bear the corresponding legal consequences. China’s law on divorce damages system made relevant provision, which did not reach the point of couples divorce between tort can not go, the injured party’s rights are not relief, not illegal acts infringing party’s effective regulation. In China, civil liability for infringement of rights issues within marriage, especially the issue of compensation involved although already in the marriage law and its judicial interpretation, and the protection of women’s and children’s law is involved, but the theoretical research is not thorough, in practice is more controversial, so far there is no monograph published, only some special research, more is scattered in the journal academic papers. In foreign countries, Europe and the United States legislation at the beginning, don’t put a marital tort compensation into the legal adjustment range.But several years later, one after another in order to tort relief, and there are some worthy of our reference system and measures.Our country should establish the legal system of compensation for the damage of marital tort, set up corresponding responsibility guarantee system, harm to legal liability amplitude and illegal actions corresponding to coincide, and legal consequences of behavior, to guide the positive behavior of people, restrain its negative behavior, the necessity of this system has only one from the full knowledge of a higher level, it can guarantee the marriage and family law explicitly controlling direction and focus, to create a good legal order. At the same time, many countries have split the joint property of husband and wife positive opinions request the marriage, which provides a new idea for the issue of marital tort damages to solve our country. This paper tries to make a deep and systematic study on this problem.