Research On The Protection Of Tort Law Of Relative Rights

As one of the important contents of personal rights,the right of relative rights is the legal manifestation of kinship relationship,and it is the most basic social relationship.The right of relatives is one of the indispensable civil rights for each of us.It is the legal system for marriage and lineage under our basic living condition.Therefore,the right of relatives should be rescued when it is violated.In the existing study,the right of relatives generally includes the right of spouse,parental rights and identity-based rights of other relatives.The Tort Liability Act is an important part of civil law and aims to regulate the tort liability arising from unlawful infringement of the rights and interests of others.Article 2(2)of the Tort Liability Act defines the scope of the protection by means of a generalized and enumerating legislation.The provisions of this article do not cover the spouse rights,parental rights and identity-based rights of relatives.However,paragraph 2 of this article also conclusively incorporates other personal and property rights into the scope of the tort liability law.The basic principle of the Tort Law is the Civil Rights Protection Act,which aims to relieve the civil rights that are being damaged and to protect the legitimate rights and interests of the civil subject.From the legislative and judicial practice of each country,it can be seen that the civil rights protected by tort law are mainly absolute right.The relative rights possesses relativity and absoluteness.Therefore it is legally based on the scope of the tort liability law.However,the right of relatives reflects the relations of marriage and family with a strong moral and ethical values.If all the relatives of the relationship should be set into legal adjustment,it will be bad for the balance of the relationship between law and morality.No matter under what circumstances,Tort Law is to protect the rights of relatives which depends on the value of the infringement to judge.This paper is divided into six parts.The first part is the introduction part,which briefly describes the relevant research status of the subject,the research methods and research significance.The second part analyzes the connotation and extension of the relative rights of the relatives by analyzing the concept,the contents and the nature of the right of relatives.The third part combines the purpose of the law of tort liability to find the legal basis for the protection of the right of infringing.The fourth part clarifies the constituent elements of the infringement of relative's rights and the way of tort liability,and focuses on the application of the right to claim damages for infringement of the right of personal affiliation.The fifth part elaborates the manifestation of the common infringement behavior of the three types of relatives,which are spouse right,parental right and relative right,and the way of tort liability.The sixth part summarizes the types of relatives' rights and the way of tort liability protected by tort law.