| Family is the smallest unit of the composition of the modern society, marriage is the important link to maintain family stability. Maintaining the stability of marriage is conducive to the harmonious and stable development of the society as a whole. In the modern marriage, couples equal legal status, and have equal rights and obligations. But in real life, marital infringement problems often occur.Aimed at the phenomenon that the marital tort in the America, France, Australia, Japan, and many other countries, from the legislative level, through the relevant marriage legislation, establish marital tort damages system. Stop marital tort from the source, reduce marital tort occurred. At present, In view of the marital tort in our country, Such as the cognizance of marital tort, The scope of marital tort, Marital tort actionable, Marital tort compensation relief aspects such as the lack of clear legal provisions, Cause obstacles in the judicial practice. At the same time, the existence of the traditional factors such as social concept, hindered the construction of marital tort damages system in China. Through the concrete analysis of marital tort and on our country's national conditions, our country has built marital tort damage compensation system of economic foundation, ideological foundation and legal basis. Suggestions in draw lessons from foreign related system in our country, on the basis of building a marital tort damages system in conformity with the national conditions. From the legislative mode, scope definition, compensation, marital property system, separation system, implementation methods and other aspects, build scientific marital tort damages system. The construction of the mechanism can not only effectively alleviate the marital tort disputes between husband and wife, contribute to marriage relationship harmony, family social stability; More conducive to perfect our country marriage system, fill the blank of the law and promote progress of legal system in our country. |
PDF Full Text Request