On The Construction Of Compensation System For Tort Damage In Marriage

In recent years,with the rapid development of China's economy and rapid social transformation,a series of noteworthy social problems have emerged.Among them,in the marriage and family field,the behavior of various kinds of marital infringement increasingly appears in the marital life,such as "domestic violence","affairs" and so on.But the traditional marriage family ethics in China "one doctrine","law does not enter the house," law of marriage and family affairs tried not to interfere in,so as to make the injured party spouse cannot be effectively through legal channels to seek the judicial relief."Marriage law" have been modified several times,but still did not make provision for the husband and wife marital tort problem,thus lead to the judicial practice,for the couple suing the marital tort case,the court in support and does not support the decisions of the two opposite,lead to different connection.The marriage law,which was amended in 2001,has increased the divorce damage compensation system for the first time,providing a remedy for the protection of the legal rights and interests of the marriage parties.However,there is no clear admit marital tort liability for damages,this leads to the marriage relationship duration,injured party partner's legal rights can not get protection,legal system is not sound and the contradiction between the needs of the reality has been highlighted.Therefore,it is necessary to establish the compensation system for tort damage during the period of marriage,namely,the demand of the compensation system for tort damages in marriage.However,in the academic and judicial practice,there are still great differences on how to determine the infringement of marriage and whether it is necessary to establish the corresponding damage compensation system.In addition,how to construct the compensation system of tort in marriage is a very valuable research topic.This paper further summarizes the advanced legislative experience in light of the domestic and foreign carding of the problem of tort in marriage,comprehensive legislation in our country,the judicial status quo marital tort damages system in China was put forward concrete proposals,including perfecting the system of spouse rights,the husband and wife very property system,introducing the system of creditor's rights certificate,and increasing within marriage husband and wife common property division.