The Research On Civil Liability For Infringe Upon The Right Of Spouse

The spouse right is a kind of legal right,which exists between the spouses who had married legally,and which is produced by the specific identity of “spouse”,and which is also an identity right that only enjoy by the spouses.This concept was first proposed by the common law countries.Formerly,concept of “spouse right” is not implemented by the“marriage law”of mainland China.Although in recent years,it began to mentioned at the“marriage law”of our countries,but it is too simple and it had many inadequacies.Therefore,if it is by violated,often lack of the liability of infringer.However,the continuous development of economic society,the life concept of people's that increasingly diverse,the frequently emergence disputes of Spouse right infringement is bring to a urgent needs of detailed provisions and perfections of this rights.Text of this paper is composed to five parts of the following:The first part is the introduction.Firstly clear about the today's social background and most prominent issues had existence,and then puts forward the theoretical and practical significance of research on the civil liability of infringement of spouse rights,and systematically reviewing and summarizing the domestic and foreign scholars on the view of spouse rights,simply elaborated the writing method of this article.The second part,the some theory of the spouse rights,including the detailed analysis about the basic concept of the spouse rights,it's characteristics and content,and dwells upon the juridical logic about the component of tort liability,doctrine of liability fixation and the defense of the tort liability of spouse right,compared out the both which violating the spouse rights and the general tort,thereupon then to summarize the way and standard of the civil liability of the spouse right infringement,make people understand more deeply about the necessity of protecting the right of spouse.The third part,compares the legislative status of the civil liability of spouse right infringement in some foreign countries and China's Hong Kong,Macao and Taiwan regions,and look forward have some reference about the perfection of the civil liability system of spouse right infringement of our countries.The fourth part,mainly introduces the current situation of the legislation about the infringement of the spouse right in our country,to reflect on and points out the shortcomings.The fifth part is puts forward some reasonable suggestions for perfect the civilliability system of infringement of the spouse rights in our country.And throw out some suggestion that make clear about the concept,concrete content of spouse rights,in legislation,the way of undertake the civil liability of violating the spouse rights,perfecting the system of compensation for damage of spouse rights,that is including the marital damage compensation,mental damage compensation and third party damage compensation system.And ultimately expect to perfect the civil liability system of the spouse rights.