Marital Tort Civil Remedy Mechanism Research

In marital tort cause couples occur disputes increasing problems, serious impact on the well-being of the relationship between husband and wife, the harmony of society also had an impact, to maintain between husband and wife victim party legitimate rights and interests, and the legislation of marriage of regulation and relief to make the relevant provisions, in order to marital torts were effective relief. And China’s "marriage law" and the judicial interpretation of the provisions is not perfect, there are still some defects, marital infringement as civil tort a has not been incorporated into the "tort liability law" regulation, which makes judicial practice can not find a strong legal basis of marital torts victim reasonable relief, academic circles also is a lot of controversy. Therefore, with the construction of China’s socialist concept of the rule of law, law thinking to deal with the problem is becoming more and more popular, legal perfection, continuous enhancement of people’s consciousness of safeguarding their rights, build perfect conjugal marital tort civil law relief system is very necessary. This can not only give the duration of the marriage couples the injured party’s legal protection, but also makes such disputes occurred in trial practice can be reasoned, achieve fairness and justice and law-abiding. It is hoped that through the marital torts type of analysis, put on the establishment of between husband and wife marital tort civil law relief system conception and specific measures for the advice, do a little contribution for the perfection of the legislation of our country, in order to promote our country husband and wife marital tort civil law relief system as soon as possible to build. This paper consists of the following: the first part expounds the interspousal tort theory and the concept and analysis of the legislation on the legal basis and the status quo of the marital tort civil legal relief system, put forward the subject of marital tort between husband and wife should bear civil liability in our country and should be established between husband and wife marital tort civil legal relief system; the second part emphatically through inductive method, dichotomy of marital torts type analysis and analysis of the constituent elements, can have a clear understanding of the specific marital torts; the third part puts forward our country on interspousal the relief system of tort civil legal ideas and concrete measures for perfecting suggestions. Thus draws the conclusion: in the future between husband and wife marital tort civil law relief system construction can be established under one placed in the "marriage law" legislative system, carry out the spirit of tort liability law, contains a variety of comprehensive protection measures between husband and wife marital infringement behavior regulation of the trinity system. Concept of the period in this paper can play a role in the relevant legislation in the future.