The Research On Marital Compensation System

With the rapid development of China’s economy, people’s material life has been enriched, marriage values also has changed greatly. Besides marriage problems also emerge in endlessly. The present situation of our marriage and family are complicate, marital tort behavior happens sometime, including frequent family violence, having an affair which violates the obligation of loyalty between husband and wife, disposing of the common property of husband and wife without authorization and so on.Marital tort occurs in the rising trend today. However, although there are kinds of marital tort, our marriage law only stipulates divorce damage compensation for the infringing party to bear,and the divorce damage compensation is suitable for only four kinds of typical marital tort and can be performed if the injured party has no fault. Divorce costs too big for the injured party to ask for marriage compensation.So if the injured party does not request for a divorce, according to interpretation of China’s Marriage Law, the people’s court will not accept the request of compensation for the loss in the marriage, thus marital tort victims who suffered damage is hard to get relief of damages in civil law if he or she dose not ask for divorce. According to the basic theory of civil law, where there is damage there should have compensation,thus we should support the marital damage compensation in order to make up for the defect of our country of marital tort civil relief and to stop marital tort happening.The text mainly divides into four parts in this paper.The first part explores marital tort as the marital damages compensation source, it mainly includes the definition of marital tort, constitutive requirements of marital tort and its types are summarized, the brief of marital damage compensation liability.The second part is theoretical debate over whether there should have marital damage compensation, the theoretical debates are summarized, including the negative views and the supportive views.Basic on the summary,I did my own judgment and put forward my own view about whether there should have marital damage compensation.The third part is to explore the marital damage compensation implementation barriers.There are plenty of obstacles to realize marital damage compensation, the author explore only two kinds of obstacles which has legal significance:the first obstacle is that there is no uniform legal basis, the other is the conflict between marital damage compensation and the husband and wife property system. In this part, the author will cites the corresponding real cases to illustrate the two legal obstacle of marital damage compensation.The fourth part is to explore the realization of marital damage compensation. The significance of realization of marital damage compensation is first to state, implementation measures of marital damage compensation are second to interpret.Corresponding marital damage compensation implementation barriers, I mainly put forward two kinds of measures to realize marital damage compensation, one is a perfect marriage law to realize the unification of the law, the other is the coordination of marital damage compensation together with the husband and wife property system.1 mainly explores how to realize the marital damage compensation of coordination with common property system of husband and wife on the analysis of the measures proposed by scholars, and I also proposed my own views.