Legislative Conception Of Civil Liability For Marriage Infringement Of Couples

In marriage's nature,marital tort liability came from the understanding of the social relations attributes of marriage.Since the Enlightenment,according to Aristotle's philosophical thought,marriage was regarded as a natural product determined by a certain system and constructed according to a certain structure,whose main purpose was to establish and multiply descendants.Until the mid-18 th century,people-oriented concept of marriage has been rapid development,more and more attention,that marriage is a highly personal relationship between men and women,the two sides in the spiritual and spiritual connection is the root cause of marriage,the law should To provide special protection for marriage,this protection is not only for the third marriage,but also for the internal conflict between the parties.However,the current marriage and family legislation on marital tort liability for the relief is very limited.The academic community generally advocates the use of divorce damages to resolve the marriages during the duration of the perpetrators of violations between husband and wife.However,the divorce damage compensation system is due to legal reasons leading todivorce,and then are becoming the relevant damage compensation system.It is not involved divorce between husband and wife between the duality of civil liability accountability has not made clear provisions.Therefore,relying solely on the divorce damages system to protect the legitimate rights and interests of the spouse of the injured party is clearly not comprehensive,for the occurrence of marriages in the law of tort should provide more effective means of relief.In contrast,if both spouses have not relieved their marriages,the spouse of the infringing party can directly sue for compensation to protect the legitimate civil rights between husband and wife.In the marriage relationship can be lifted during the coexistence of husband and wife property,by a person's personal property to pay the corresponding civil compensation,better reflect the value of marital damages.In view of this,this topic combined with the current legal provisions of the marital tort civil liability system of our husband and wife,on the basis of drawing lessons from the experience of relevant foreign legislation,advocated that China should establish the spouse right in the future marriage and family legislation and set up a very husband and wife property system as Marital tort civil liability basis,so as to fundamentally solve the marriagebetween each other can not get effective compensation between the dilemma,protect the legitimate rights and interests of both husband and wife,to maintain a stable marriage and family order.This paper mainly studies the civil liability system of marital infringing with the comparative research method,historical research method and legal hermeneutics research method.