Research On The Construction Of Tortious Acts System In Our Country

Marital tort have the same juristic characteristics as general civil tort. Meanwhile,marital tort is different from general civil tort in particularity. The study of marital tortsystem has the vital significance. China’s existing laws on civil remedies in marriagebetween husband and wife simply provides divorce infringement damages. China’s"Marriage Law" Article46,"Marriage to explain (a)" Section29and Section30,"Marriage interpretation (b)" in both divorce damages were specified. DivorceDamage Compensation System for the first time write the marital tort damages intothe law, which has a progressive significance for the protection of rights and interestsof both married couples. However, this relief there are still large limitations, such asthe scope is too narrow, the implementation of stringent conditions, etc, can noteffectively protect the legitimate rights and interests have been infringed. Bycomparison, two Schools’s attitude to marital tort can be summed up in the "husbandand wife one doctrine" which deny marital infringement, to the "body of doctrinecouples do not" which approve marital tort, and will be recognised by the propertyinfringement extended to infringement of personal recognition. Law distinguish awhole couple originally belonged to the traditional concept, and give the couple aseparate legal personality and equal legal status, which makes establishing maritalinfringement as possible. As the marriage legislation on this issue left behind, maritalinfringement without making corresponding provisions. therefore, it’s necessary tomodify the marriage legislation and judicial interpretation of the scope of explicitmarriage infringement. When modifying legislation, I suggest taking a combination ofenumeration and summarized way, specifically enumerating the various violations,then adding a "significant other wrongful act" general terms, to grant the judge acertain degree of discretion. With particularity the basis of marital relationship, thegender of the couple in love,on the basis of a combination of trust, so marital tortrules to a certain extent limited. For the minor, the subjective unintentional tort orgross negligence of marriage, by moral adjusted. For the harsh nature, thecircumstances are serious, the presence of subjective intent or gross negligence ofmarriage tort, tort liability provisions be regulated by the legislation. To build theperfect marital tort system in our country, we must from both substantive andprocedural law legislation be amended or supplemented to fill legislative gaps,improve marital tort law system.