On The Civil Liability System Of Marital Tort

Marriage is an important link to maintain the family,and the family is the main unit of society,marriage is a harmonious society to a large extent affect the harmony or not.The rapid development of economy and science and technology has brought great economic benefits to people,but the speed of moral accomplishment has not kept pace with the speed of economic development.There are many problems in marriage,such as marital infidelity,family violence,abuse of marital property,and so on.However,the rule of law can not only rely on moral self-restraint,the rule of law should also be a sound legal system to solve the moral problems caused by the lack of marriage.If marriage is the union of two families,divorce is the breakdown of the two families.Some time ago the hubbub of the treasure strong divorce case in the author's opinion is not the most aggrieved treasure strong,but two innocent children.The cost of divorce is too high,many victims of marital tort often because of their children and the economic considerations are not willing to divorce.However,the provisions of the marriage law is to compensate for the loss of divorce as a precondition,so many do not want to divorce the victim had to embark on the road to divorce.In my opinion,if the marital tort liability system is established,then the divorce rate is bound to decline significantly,the community will be more harmononious.The author mainly from the four part to explain the marital tort civil liability system.The first part is an overview of marital tort.According to the current academic research on several kinds of marital tort different understanding of the marital tort definition,and the classification of marital tort is classified according to the object of marital tort,then expounds the legal elements,finally expounds the similarities and differences of marital tort liability and general tort liability.The second part is about the current situation and existing problems of marital tort liability system in china.Through the analysis of the current situation of Chinese scholars,the author analyzes the necessity and problems of marital tort liability system in the context of civil code.The third part is the introduction of foreign legislation.This paper introduces the legislative regulation of various countries in dealing with the issue of marital tort and then talks about the enlightenment and reference to our country.The fourth part puts forward the suggestion of establishing the civil liabilitysystem of marital tort in marriage and family.Mainly has: the creation of marital tort compensation claims,improve the very property system between husband and wife,husband and wife established credit voucher system recommendations and level of procedural law proposed flexible allocation of the burden of proof,and reasonably determine the trial period and the statute of the establishent of the family court proposal.This idea started,by comparison,the method of literature analysis,and drawing on the experience of developed countries in the world of theory and practice in the system,and strive to develop the civil code in the context of marriage and family in perfecting about damage interspousal tort compensation legal system.