The Research On Marital Tort Liability System In China

There have been on since the ancient China that the marital tort disputes or cases disturb many families.But under the influence of the old opinion such as“ female subordination” and “the law should do nothing with families”,most people including the government didn't accept that the marital tort should be investigated.And the lack of the concept about human rights led that one knew nearly nothing about how to protect his or her rights by law,instead,most of them had no choice but to put up with the tort.The form of marital tort in the past mostly took on the domestic violence,which nowadays becomes more diversified and complex with the development of social economy and the evolution of people's mind.Everyone has a stronger will to protect his or her legitimate rights and interests in the modern time,which makes the problem of marital tort much sharper.Article 46 of Marriage Law of the P.R.C.makes a rule about the compensation for divorce damage,which takes a great step in the area of marriage and family legislation.However,it means little when talking about the marital tort.Instead of more and more marital tort cases,we still have no specific legal norms about that.Thus,with no legal ground,the court which accepts marital cases often feels confused and some strange phenomenon appears such as different results among the same cases.Even worse,because many of the injured party can't get protection from the court,they often suffer more serious tort or they make themselves into jail.According to the reality that we are working hard to build a law-ruled society and a deep cognition on the nature of marital tort cases,the paper just want to show an idea that we need a relatively complete system about marital tort liability,especially with the guide of the Anti-domestic Violence Law.And combined with the classic theories both at home and abroad,the paper tries to give some advice about the changes that we should make in the legislation,looking forward to provide some enlightenment to solve the marital tort problem.Three chapters make up the paper.The first chapter is an overview of the marital tort,including the basic concept of infringement(or tort)act,the particularity of marital tort and the types and appearances of marital tort.The second part mainly talks about different legislation on marital tort in the two families of law and the practice of the legislation and judicatory about the marital tort problem in China,and the basic theory on whether marital tort liability should be built in our country,including the different opinions about whether we should build the system of marital tort liability and the opinion this paper holds.The last chapter is the idea of building the marital tort liability system in China,showing the reality and feasibility and the efforts we should make in the system level.Then,at the last of the paper,it gives an interpretation of some thoughts about the marital tort liability system with the implementation of the Anti-domestic Violence Law.