Research On The Liability For Tort Of Spousal Rights

Tort of spouse rights refers to the harm from the third person or the other spouse to the spouse of a legal marriage.Our country's legal system provides criminal protection,civil protection and administrative protection to the spouse rights infringement.However,these protections still can't give enough protection to the victim in the legal marriage.There are still many works to do to complete the whole system of spouse rights.It needs the law to be perfect and establish the characteristic of the tort of Marital Consortium and the relief system in our country.Learning from the existing academic research,this paper studies the issues of legal relief for infringement of right of spouse.First,based on the overview of spouse rights and the definition of spouse rights infringement,the spouse infringers shall bear tort liability.Then analyzing the spouse rights infringement relief's legal value and social value,it's necessary to build the system of spouse rights infringement relief.Then,according to the study of infringement behavior between couples and the classification of the third person's tort standard,this paper expounds the existing spouse right infringement law relief measures by analyzing the manifestation of spouse rights infringement.this paper points out the deficiencies of the spouse rights infringement remedy in our country,such as unclear spouse rights in law,loss of marital relief system for spouse rights infringement and so on.Finally in order to solve the existing problems,the paper put forward suggestions to perfect the legal relief for infringement of spouse rights,namely the clear spouse rights infringement,on the basis of related concepts,establish marital damage compensation system,and quantify standard of compensation for mental injury,and improve the system of divorce damage compensation.