| Since China’s reform and opening up, along with the rapid economic development and social transformation, in the new social background, the mature values has not been formed, a series of social problems are worthy of attention. The marital tort increasingly serious damage to harmony and stability of the marriage and family. Influenced by Chinese traditional family marriage ethics, marriage and family is considered to be moral field, "law does not enter the house," law as far as possible do not interfere marriage and family. Husband and wife common property system in our country is dominant position, so that marital tort compensation system lack of operability.Under the current legal system in our country, there is only the divorce damage compensation system and no marital tort damages system. Especially explain three to marriage law completely negates the marital damage compensation. With the increasing number of marital tort case, obviously, blindly deny can’t solve the problem of marital tort very well and can’t be very good to protect the interests of the injured party. In fact, with the interests of the imbalances, there is no guarantee that the marriage and family can keep the harmony and stability. With the growth of awareness of individual rights, we believe that the current law can not meet the maintenance of marriage right. Establish and improve the appropriate marital tort law system is necessary. Perfect a legal system within marriage can not only fill the existing law, can also maintain harmony and stability of the marriage family and protect the right of the individual, also can promote the personality independence and right consciousness.This article through analyzing "what is the marital tort", the study found differences of the marital tort and general tort, in order to better meet marital tort and lay the foundation for establishing a corresponding marital tort system, this paper also analyzes the type of marital tort at the same time. In order to the marital tort typed. Of marital tort typifications and related theoretical analysis this paper to explore how to construct the marital tort system, focus on analysis of the family property system and the spouse rights are very property system, the damage compensate system, protection system and so on, the marital tort appeal, etc. The marital tort system from the perspectives of substantive law and procedural law, puts forward his own idea.This article through to what is the marital tort, the study found that the marital tort and general tort differences, in order to better meet marital tort, to lay the foundation for establishing a corresponding marital tort system, at the same time this paper also analyzes the type of marital tort, in order to the marital tort typed. Of marital tort typifications and related theoretical analysis this paper to explore how to construct the marital tort system, focus on analysis of the family property system and the spouse rights are very property system, the damage compensate system, protection system and so on, the marital tort appeal, etc. The marital tort system from the perspectives of substantive law and procedural law puts forward his own idea. In this paper, a total of four chapters main content includes:On simple introduction analyzes the current research status of marital tort issues in China and the main achievements. Also introduced in this paper, the main features of choosing the main purpose of this thesis and the basic meaning. At the same time this paper introduces the basic methods and their essay writing.The first chapter is the connotation of marital tort and its basic characteristics, analyzed the Chinese scholars to the definition and connotation of marital tort behavior analysis, and on this basis, given the author about the definition of marital tort, the marital tort refers to during the duration of the marriage partner or spouse outside of the third person, in violation of the relevant legal norm violation spouse person and property, in accordance with the law shall bear civil liability of fault behavior. This definition page set the range and the direction for this study. At the same time, based on the analysis of the definition are analyzed compared with general tort the basic characteristics of marital tort. Characteristics of analysis mainly from the behavior main body, behavior, the infringement content, subjective fault, and analyzed the function value leave a marital tort characteristics. Through the analysis of the characteristics of deepening the understanding of marital tort.The second chapter is the basic type of marital tort, this chapter attempt to typed marital tort. The typed on two criteria:(1) the infringement object content (2) the marriage relationship, marital tort can be divided into:a, encroach upon personal behavior:(1) the spouse has behavior (2) general personal rights violations behavior; Second, violation of property rights:(1) the infringement behavior of common property of husband and wife (2) the violation of a property of husband and wife. Through the analysis of typing, more in-depth understanding of marital tort connotation and extension.The third chapter is to establish the significance of marital tort law regulation system; this paper discusses mainly the existing in our country under the conditions of establishing the basic meaning and necessity of marital tort system.The fourth chapter is the idea of the marital tort law and regulations, on the basis of the analysis of previous chapters to establish and perfect the system of marital tort in our country puts forward legislative Suggestions. Analyzed the current laws should be abolished and changes to build system of marital tort clear legal obstacles, and legal practice unified legal premise for excessive period. Analyzed the causes our country should fully regulation of spouse rights. For solving problems of execution marital tort cases in China, and puts forward legislative Suggestions on perfecting the marital property system in China, the Suggestions to perfect our marital property system, to protect the interests of spouse property right and protect the weak, improved economic compensation claims and property of husband and wife report and query system. Special emphasis on establishing very property system, strong protection of marital tort victims, as well as the realization of the property of marital tort liability provides material basis.The fourth chapter discusses liability of marital tort, analyzes necessity of establishment of perfect marital tort damages system, and proposes to establish a system of creditor’s rights certificate on the basis of the damage compensation system. Aiming at the serious harm of domestic violence, the author also analyzed the significance and role of setting up protection system and mental damage compensation in marital tort cases. |
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