Research On Tort Liability System Between Husband And Wife

Marriage is an important basis for promoting the progress of human society,and the relationship between husband and wife is a direct factor affecting the stable development of mankind.With the gradual development and progress of modern society,tort between husband and wife is also emerging.At present,China's Marriage Law only stipulates the damage caused by divorce between husband and wife,but there is no clear legal stipulation on the liability of infringement between husband and wife which leads to the breakdown of marriage.At present,the property relationship and personal relationship between husband and wife have certain particularity,but due to the lack of relevant legal provisions,the tort liability between husband and wife can not be investigated,thus,it unable to protect the legitimate rights and interests of the infringer.Therefore,the analysis of the tort liability system between husband and wife is so necessary.This article mainly includes three parts: introduction,text and conclusion.The introduction is also the first chapter,the author expounds the origin and significance of this topic,and summarizes the current situation of research on this issue in China and the outside world.Chinese legislation such as "general civil law","tort law" and "marriage law" do not explicitly stipulate the tort liability between husband and wife,but also did not exclude it,the existence of divorce compensation system in the marriage law makes the tort liability between husband and wife become confusing.The lack of legislation has caused judicial difficulties.The courts lack a unified basis for hearing such cases,and the problem of different judgments in the same cases is prominent.Therefore,it is of great significance to study the issue of spousal tort liability.The research on this issue mainly focuses on whether there is infringement between husband and wife,how to define infringement between husband and wife,the relationship between infringement and divorce damages,and how to construct the tort liability system between husband and wife.Extraterritorial research on this issue focuses on whether the offending spouse has immunity,how to determine the infringement between spouses,and the type of infringement between spouses.The second chapter combines the basic theory of Torts,and summarizes the Torts between husband and wife theoretically.In this part,on the one hand,the author realizes that the tort of husband and wife is the essential attribute of civil tort,on the other hand,he also notes the particularity of the tort of husband and wife,that is,the infringement of husband and wife has hidden features and the boundary is unknown.Therefore,in the analysis of the concept and characteristics of spousal TORTS,the author emphasizes these particularity and distinguishes the tort liability between husband and wife from the general tort liability and the liability for damages for divorce,and further emphasizes the particularity of spousal Torts.Besides,the author analyzes the necessity and feasibility of establishing tort liability between husband and wife in China.The third chapter analyzes the legislation,the judicial situation and the existing problems of the tort liability between husband and wife in China.Due to the fact that our legislation does not expressly provide for the liability of spouses for infringement of rights,In judicial practice,it is difficult to support the infringement lawsuit between husband and wife,the way to take responsibility for the infringement between husband and wife is vague,the property rights protection between husband and wife is insufficient,the implementation of the infringement compensation between husband and wife is difficult,and the phenomenon of different judgments in the same case is prominent.The forth chapter makes a comparative study of the legal regulation of tort liability between husband and wife.Through the analysis of the French Civil Code in the civil law system,the "civil law" in Taiwan,China,and the provisions of the Japanese Civil Code on the liability of husband and wife TORTS,and the classic jurisprudence of the United Kingdom and the United States on the liability of husband and wife TORTS in the Anglo-American legal system,The author found that the two legal systems have obvious differences in the application of law,the establishment of marital property system,and the type of infringement between husband and wife.However,after a tortious development,they have finally established the tort system between husband and wife.The two legal systems are very important to the establishment of tort liability system between husband and wife in China: first,the legislation should clarify the tort liability between husband and wife,second,the establishment of a special matrimonial property system,and finally,scientific classification of infringement between husband and wife.The last chapter puts forward the opinions for the establishment of tort liability system between husband and wife in China.On the legislative model,the system of "general tort law and marriage law are combined to give priority to the application of special provisions in marriage",and the system of tort liability between spouses and the system of compensation for damages for divorce have different value functions.Can coexist in the future Marriage Act;In the determination of spousal liability,The subject of infringement shall only be limited to the couple who have a marriage relationship and the subjective fault of the infringer shall make different requirements according to the way and type of the infringement of the couple,and the type of infringement shall be divided according to the infringement of the spouse's personality,spouse's property rights,and spousal rights.In terms of liability,when violations between spouses occur within the marriage,legislation can add an extraordinary property system,a voluntary registration system for personal property of couples and a reporting obligation for property acquired within the marriage.The conclusion part of the text of the views of the refinement and summary,and the author's ideas to further explain.