Discussion On The Marital Tort Compensation System

In the civil trial court, marriage and family disputes accounted for20%of all kinds of civil compensation mostly to divorce, after divorce compensation for property damage claims. Most of the cases, more than one party has transferred, concealed joint property based on or into debt, let the other party has no property can be divided into the predicament, the judge discretion to the balance of interests of both the husband and wife, but powerless. Nowadays, the rapid economic growth of citizen wealth increases gradually, between husband and wife dependence weaker, independent disposition family, marriage idea more and more. Based on the current "marriage law" is not in the marital tort have strict restrictions, makes some marital tort phenomenon is still in place, and the law does not protect of the injured party.The author thinks that the law of the beginning of the establishment purpose lies in the ruling class to rule the country, family is the smallest unit of society and the state, the family social stability will also be long period of stability, thus effectively use foreign legislation, the basic human rights of citizens to protect, so long in the inequality in society, feudal ideology be restricted, the relationship between husband and wife can be long maintained in a good environment, according to China’s current legislation situation made a number of suggestions, intended to.The article is divided into five parts, the first part of marital tort compensation are discussed in this paper, the marital tort compensation of the definition and characteristics, and comparing with general tort behavior of five elements. The second part through compensation and tort damages and compensation for divorce damage were compared. Similarities and differences to explain marital tort compensation with the two party. The third part mainly from the protection of basic human rights, and eliminate the conflict of laws, the maintenance of social stability and expounds the necessity of marital tort compensation in china. The feasibility of marital tort compensation implementation discussion from the material basis, thought and legal foundation three aspects. The fourth part from the legislation idea abroad, through the research of the Anglo American law system and continental law system countries relevant legislation about marital tort legislation, combined with China’s national conditions, social conditions, from a practical level analysis of the legislation in our country. The last part of the perfection of the damage compensation in the marriage of thinking, combined with the principle of compensation for damage in our country’s existing marital tort. Trying to improve the rights and obligations of husband and wife, founded the marital damage compensation request right, reasonable definition of marital tort behavior, improve the scope of damage compensation in the marriage of the spiritual damage compensation system, according to the international practice, the marital property system in the basic law and contract refinement customization system, establishment of marital property system and usually not usually, aimed at the behavior of marital tort compensation, the practical significance of the real, rather than "left money on the right hand" embarrassing situation.