Research On The Civil Liability System Of Marital Tort In China

The torts committed during the marriage relationship not only have a negative impact on the equality and harmony between the spouses and the parties,but also hinder the harmony that the family should have,and it is not conducive to the construction of a harmonious society in our country at this stage.Relying only on traditional morality for management and education is no longer in line with the need for resolving marriage and family conflicts and protecting the legal rights and interests of both parties.Therefore,for the torts committed by one of the spouses during the current marriage relationship,how to provide judicial relief to the injured party’s rights and interests is a problem that the current marriage legislation must face.Only in this way can we better prevent the occurrence of infringements,regulate the harmfulness of infringements,and ultimately achieve family harmony and social harmony.The newly implemented "Marriage and Family Chapter of the Civil Code of the People’s Republic of China" does not provide for this.The Supreme People’s Court promulgated the "Supreme People’s Court’s Interpretation on the Application of the " Civil Code of the People’s Republic of China " Marriage and Family Chapter(1)".The second paragraph of Article 87 still denies civil liability for tort within marriage.The lack of legislation has led to the "different judgments in the same case" in the courts of our country.The aggrieved party is unable to seek corresponding judicial remedies in a timely and effective manner by means of legal channels.Therefore,in order to protect the lawful rights and interests of both parties during the marriage relationship,and to better provide them with corresponding remedies,it is necessary to gradually construct and improve the civil liability system for infringement in marriage in line with the national conditions of our country.This article begins with an overview of the meaning,behavior types,constituent elements,and theoretical controversies of infringements in marriage in China’s academic circles;secondly,it demonstrates the existing problems of the civil liability system for infringements in marriage and the necessity of construction;then Study and analyze the status quo of foreign legislation in order to find operational points that are in line with our country’s reality and will help build our country’s marital tort civil liability system;the last chapter is aimed at the current stage of the possibility of establishing a marital tort civil liability system Put forward personal opinions on several measures and other aspects.