Research On Marital Tort Compensation System

The awakening of rights consciousness is not only reflected in the general civil legal relationships, but also more and more civil subjects are beginning to focus their legal rights in the marriage and family relations. In recent years, a growing number of court cases which a spouse claims that the party should be subject to tort liability. Chinese marriage and family laws never regulate the marital tort damages, so the results of marital tort compensation cases are quite different from different area. The current legal system become increasingly incapable of regulate the variety of husband and wife marital tort, then to establish and improve marital tort compensation system become an increasingly urgent issue. However, in the academic and judicial practice circle, there are still considerable differences between how to identify the marital tort and whether it is necessary to establish the marital tort damage compensation rules. Therefore, in this paper, we will analyze the aforementioned problems and discuss my own opinions on the solutions of these issues briefly.Besides foreword and epilogue, the thesis is roughly divided into four parts.In section one, some questions are presented. By means of analysis of typical cases, due to the lack of laws and regulations, there are significant differences in the recognition of the behavior of marital tort and how to apply the law to investigate civil liability of the infringe.In section two, analysis of conception and types of marital tort behavior. The act of tort is the objective important document of tort compensation. For the sake of defining the marital tort damage compensation liability. Firstly, we should explicitly the definition of marital tort. And then elaborated the types of marital tort. There by we can have a more systematic understanding on the marital tort.In section three, focus on the necessity of establishing marital damage compensation rules. At the beginning, a simple introduction of regulating the marital tort in current situation of legislation. More over, by comparative analysis of the limitation and insufficiency of general tort liability rules in the presence of marital tort behavior regulation and of the distinction during the marital tort damages system and compensation system for divorcing damage. Focuses on the necessity of establishing the martial tort damages system which comply with the objective reality in our country.In section four, imagination that the system of compensation for martial tort damages. Feasibility of the proposed ideas on the marital infringement damage compensation system established in China. Such as the spouse rights, the marital tort liability of non property and property, especially the property responsibility proposed the concrete legislative ideas.