A Study For Civil Liability System For Marital Tort

Civil liability System for marital tort is not included in Chinese Marriage Law and such defect leads to dilemma for victims of marital torts to assert their lawful rights. Establishing a civil liability system for marital tort constitutes an importance of both theoretical and practical significance to perfect marriage system, maintain family harmony and promote social harmony.This dissertation elaborates the status of the bearing of marital tort in China, demonstrates the importance and feasibility of establishing civil liability system for marital tort, illustrates civil law liability for marital tort system of foreign law and foreign marital property system and proposes the legislative conceptions of establishing civil liability system for marital tort by methods such as historical analysis, text analysis, empirical analysis, the research on sociology of law and comparative analysis. This dissertation suggests that a chapter shall be included in Marriage Law to define marital rights and obligations to establish a scope of marital torts to be punished, perfect marital property system, extend the extinctive prescription and set up a distribution of burden of proof system combined with general rule of burden of proof that is “He who is affirming must prove” and the rule of shifting the burden of proof.