Research Of Marital Tort Damages And Compensation System

With the development of our social economy, the relationship between personal andproperty of the people become more complex, need the constant improvement of the law. Inthe aspects of marriage and family, people’s traditional concept of marriage has undergonemajor changes, personality independence and equality of spouses of legal concepts and thehusband and wife for their personal property rights protection awareness based on, manypeople suffered from marital tort, often resort to legal means, in order to safeguard their ownlegitimate personal and property relations. Especially in recent years, marital violence infamilies, husband and wife during the marriage of the various types of property disputesincrease day by day. But how to deal with the problem of the impairment compensation is stilla blank in the legislation of our country, there are different in the judicial practice, andcontroversial. Although our country stipulates the system of compensation for divorce damage,but can only cover a part of tort. The contradiction between the legal system is not perfect andthe need of reality has appeared, this paper thinks, China needs to establish the impairmentcompensation system, in order to maintain the stability of the marriage and family relations,the couple’s rights and protection. In this paper, which belongs to the type of case analysis,through the summary and Analysis on the case of dispute, and gives his advice.This paper consists of six parts:The first part: the subject matter of the case,the dispute case of the right to life, the rightto health, the right of body with zhang and wang.The second part: case, upon investigation, the Department of the relationship betweenhusband and wife beating, the slight injury caused the plaintiff. The plaintiff sued defendantcompensation for medical expenses, mental damage compensation and an apology.The third part: the focus of the case, the case whether the tort liability between husbandand wife violence cases how to share the responsibility of two focus.The fourth part: the case of disputes and differences of opinion, this part around thecouple’s tort liability and responsibility of family violence cases, summarizes and comparesthe two aspects of positive and negative views, and discusses the theory and the practicebasis. The fifth part: the conclusion of the study, through the comparison of the disputes anddifferences, I think that between husband and wife can be the tort liability, and the couple inthe case of responsibility sharing gives his own point of view, and gives the reason.The sixth part: Further Reflections on the case of the damage compensation system inChina--Construction of marital tort, combined with the case, I think that China needs toestablish a damage to their marital tort compensation system. From two aspects of therationality and the necessity of establishing the system of discourse, and gives the specificlegislative proposals.