The Construction Of Legal System Of Marital Tort

Marriage can be presumed to be a personal and property contract between specific men and women.Abiding by the contract is the collective obligations of both parties,or they will bear the corresponding responsibility and pay the price.China’s "marriage law" turns this kind of moral obligations between husband and wife to legal obligations,which is the progress of law,the human care.However,the lack of legal responsibility leads the relevant provisions to be useless and the law on paper.This paper makes some simple discussion,hoping to make "should be the law" into the "real law",so that the relevant provisions can be real deterrents.First,this paper uses empirical analysis to deeply display the status of China’s marital tort cases in judicial practice to explore the existing problems.and then adopts qualitative analysis and interpretation methods to give a comprehensive definition of marital tort.Using the deduction,analysis and synthesis,abstract and generalization and other methods to reveal the nature and intrinsic attributes of things.Of course,the entire paper uses literature research methods,according to need,to collect a large number of relevant information,so as to lay the foundation for comprehensive and in-depth research,what’s more,making the research more theoretical and practical.I hope this paper can make some contribution to the solution of Marital tort cases.