Research On Marital Infringement Act

Marriage is an important bridge to maintain the family,and the family is one of the systematic units of society.Whether the relationship health of husband and wife affects the stability of society to a large extent.With the rapid development of China’s economy and technology,influence has produced great economic benefits to everyone.In today’s marriage and family life,people still have marital infidelity,family problems,people’s court violence,misuse of marital assets and other post marriage violations.However,at this stage,China’s marriage and family law is very insufficient to help the legal basis of post marriage violations.The law stipulates compensation according to the loss of divorce,which promotes many victims who refuse to divorce to step into the path of divorce and safeguard their legitimate interests.I believe that the real formulation and establishment of the civil liability system for infringement after marriage can solve the dilemma of mutual infringement after marriage without effective compensation from the source,which is not only conducive to the protection of the legitimate rights and interests of both husband and wife,but also conducive to the maintenance of family harmony and social stability.There are some differences and disputes in China’s marital tort system both in theory and in practice.There are two views of "affirmative" and "negative" on the necessity of regulating marital tort.In practice,courts hold different opinions on whether and how to apply general tort liability between husband and wife,and the most fundamental reason is that Chinese laws are not comprehensive in regulating the marital tort liability of husband and wife,and also due to the Civil Code(Tort Liability Part)lacks relevant provisions on marital tort behavior.Chinese Civil Code(Tort Liability Part)is the basic law for regulating general torts and standardizing the infringement of citizens’ personal and property rights and interests.Whether the general tort theory can be applied to special marital torts is not very clear,which leads to many difficulties in adjusting marital torts with the relevant laws of general torts.Improving the marital tort system needs to be analyzed from two aspects of entity and procedure.In substance,the first premise is to clarify the specific connotation of spousal rights,among which the main sub-rights should include reproductive rights,daily family affairs agency,and the obligations between husband and wife also take the duty of loyalty as the core.In addition,in terms of the remedy means,the author thinks that when the marital infringement occurs,the infringed person can request the people’s court to issue the creditor’s right certificate,which can be used as the basis for the execution of the infringement within marriage in the future.In terms of procedure,the legal rights of the infringed are protected to the greatest extent by reasonably allocating the burden of proof of different subjects in the cases of infringement within marriage and setting a prescription of litigation of about three months.