The Civil Legal Remedy Of Marital Tort Between Husband And Wife

In recent years, from the divorce rate continues to rise, the campus violence continues to highlight, to divorce parties beat lawyer, Judge Ma Caiyun from Beijing being shot and killed, behind all the social problems, have a common point of marriage and family disputes. The family with a series of problems caused by the country attaches great importance to the legislation and judicial practice in 2015, "the trial procedure about family issues related to research^ was included in the Supreme People’s Court of the judicial investigation of major issues. On March 1,2016, "Law against Domestic Violence" was officially implemented, make reasonable regulations on family violence, the civil protection order system as one of the highlights, can timely and effectively protect the rights and interests of marital victims.With the increasing types of marital tort, if the marriage crisis cannot be treated in time, it will inevitably lead to the instability of the marriage family, thus affecting the social stability. Due to the relevant laws don’t make timely adjustments on the marital tort, the judge’s attitude towards marital tort is not consistent, the case caused in the judicial practice of different sentence phenomena have occurred from time to time, which cannot effectively regulate the marriage tort behavior and effectively relief for victims of marriage. Therefore in the era for the enactment of the "Law against Domestic Violence", it is the proper opportunity to discuss marital tort civil protection, built the marital tort civil relief system between husband and wife, can be better with the "Law against domestic violence" to protect the victims of marriage, to achieve family harmony and social peace.This paper is based on the above ideas, discussed from the following four parts:The first chapter:mainly from the marriage between husband and wife in the reality of the situation in our country, cited the same cases which have different sentences in the judicial practice. Analysis the lack of civil law, cause the reader’s thinking about this issue.The second chapter:make detailed analysis of the two aspects of marital tort, personal right and property right, in order to enhance the operability of marital tort civil relief system between husband and wife, to provide a better theoretical basis for the construction of marital tort civil relief system and suggestions and measures.The third chapter:focuses on the analysis of the reasons for the lack of the civil relief system of marriage in our country at present, and discusses the significance and feasibility of establishing the system.The fourth chapter:in the analysis of the existing system of compensation for divorce damage which is not sufficient to effectively regulate the marital tort under the premise, combined with dynamic 2015 our family judicial reform proposed marital tort civil relief of substantive law construction and procedural law perfect, for our country to establish and implement the marital tort civil relief system to provide reasonable suggestions.