Study On The System Of Sivil Liability For Infringenment Within Marriage In China

This paper is divided into four parts:One is the necessity of marital tort and the civil liability system research. Marriage is a kind of secular ethics, during the existence of marriage between husband and wife, tort even more serious antisocial behavior are inevitable.Said marital tort by the paper refers to tort,during the marriage period,occurs between the husbands and wives, which can be divided into two parts namely invasion of harming the body rights and marital infringement of property rights. The views against Marital tort lawsuit have a certain degree truth, for example, marital tort litigation can be regulated by normal norms and marital adjustment is not conducive to family harmony, which are relatively one-sided, difficult to set up. The legal regulation of marital tort is the embodiment of the basic principle of marriage law in our country, which is conducive to maintain the marital vulnerable side of the personal rights and property rights, and create a healthy, harmonious and warm family relationships, and conducive to social justice.The two is the research base of marital tort civil liability. China’s current marriage and family legislation does not explicitly stipulated in marriage tort, which is an important reason for solution. The constitution, the general principles of the civil law, marriage law, tort law and so on are no disorder of lawsuit marital torts. The relevant judicial explanation should be worthy of reflection, the judicial interpretation not only conforms to the spirit of the law, and be more in line with our national conditions. The Anglo American law system and continental law system, the major countries have special provisions and a complete system of marital tort. The establishment of tort litigation system in marriage, not only accord with the situation of our country, but also conducive to the protection of vulnerable groups.The three is the marital tort civil liability and its legislative regulation. Marital tort civil liability refers to,during the duration of marriage, couples party due to gross negligence or intentional illegal infringement on the other party or prejudice the legitimate civil rights and interests of the other party and cause harm to persons or property by impairing the legitimate civil rights civil liability. In the future civil code marriage and family law series shall stipulate: during the existence of marriage, couples party intention or gross negligence of the following means a serious violation of the other party’s personal or property rights, he shall assume the tort liability, causing serious mental damage,he should also assume corresponding responsibility for compensation of the damages:(one) violating the spouse right of name, the right of personal liberty, physical health, the right of autonomy, right of reputation, the birth right, privacy right and other personality rights;(two) does not perform the obligation of cohabitation, not inform the reproductive effects of physiological disease or infectious disease history;(three) refuses to perform the obligation of supporting infringing spouse, legitimate property rights;(four) other serious violations of the legitimate rights and interests of spouse. At the same time, the provisions of property system, the principle of mediation and marital tort litigation prescription.Four is the legal regulation of marital tort civil liability. In the framework of the existing legal and judicial interpretation of the provisions, marital tort litigation does not is a forbidden area. The court shall adhere to the principle of mediation, the interpretation rules and law combined hearing rules in the litigation marital tort. The victim shall be in accordance with the provisions of laws and judicial interpretations, claiming their legitimate rights and interests,and learn to use the law to defend their dignity.