A Study On Marriage Injury Compensation Between Couples

Law and morality are social norms that can be used to adjust the relationship between marriage and family life.But in the face of increasing marital tort cases,the scope and extent of moral adjustment is limited.The appropriate national public power intervention can play a guarantee and balance effect.In view of the current lack of marital legal regulation,the faultiness of the adjusting of general infringement system to the marital tortious acts,as well as the imperfection existing divorce damage compensation system,which leads to unhealthy development trend for our marriage and family relation.Marriage damage compensation system can effectively solve the problem of marital torture between husband and wife.That’s real to achieve the party’s marriage autonomy and the coordinative development between personal interests and social interests organically.At present.China has a certain theoretical basis for the establishment of marital damages system.Meanwhile,there are a wealth of experience outside to learn.The author proposes to establish a reasonable and perfect marriage compensation system as soon as possible by standardizing the way and content of the liability of marital injury,by means of perfecting the property system and evidence system of husband and wife.The text is divided into five parts.The first part study the standpoint of educational circle which is the differences of the tenable basis of the marriage damage compensation system.It affirms the "tort"nature of the marital damages,and elaborates the reasons of actual infringement rather than breach of contract.The second part discusses the feasibility of marital damages system from both positive and negative aspects.Through the "affirmative" and "negative" controversy in educational circle for the establishment of marital damages system,this study analyzes the basis of feasibility about the real obstruction existed in the system,and put forward own point of view.The fourth part explores the development process of the two legal system about the marriage damage compensation system to put forward a useful reference for the establishment of our system.The fifth part elaborates the conception of marital damage compensation system in country,including the determination of marital injury liability,the content of marital damages system,the judicial relief of marital damage compensation system evidence and the improvement of husband and wife property system.