Study On Interspousal Tort Liability Of China

Interspousal Tort has existed in China since the ancient society, but been ignored under the dominance of husband authority. As time develops, the thought that spouse should enjoy independent personality and fair status has been deep rooted in people's mind, and sense of interspousal right maintain has aroused with sense of legal right elevates. In the light of various interspousal tort emerge, the victim is becoming eager to gain the redress in the court and remind the spouse respect the individual right and family interest. It is not rare case that the spouse files a tort lawsuit against the counterpart when their marriage continues survival. However, our legislation at present fails to support this kind of arguments, meanwhile the judicial practitioners and the academic sec intensely diverge on the issue. Therefore, I believe it is necessary to study on the interspousal tort liability in China.This thesis includes the pretext, the body and the conclusion. In the pretext, the writer has explained the reason she has picked this topic, the significance of this topic, and has introduces the academic study on this issue under present situation. The writer has summarized her own creative thoughts as well.In Chapter 1, the writer has summarized interspousal tort on the basis of tort theory. In this section, the writer has focused on the civil essence of interspousal tort as well as the exclusive trait of interspousal tort, furthermore the writer has focused her discussion on the concept, the characters, the objection and the recognition requirements of interspousal tort. This section has constructed the behavior norm of interspousal tort thereby has provided certain principles to recognize interspousal tort in the reality, and also has constructed the basis for next chapter.In Chapter 2, the writer has widely checked through the interspousal tort legislation. The study shows that the Common law and Civil law systems have both eventually legislated for interspousal tort, which highlights that interspousal tort law functions under general tort law will be the final option in the view of private legal right sense arouse and a civilized society development. Thus Chinese interspousal tort has attained the theory basis. China now has confronted difficulties similar to the Anglo-Saxon law system and Continental law system once confronted, so it is the unavoidable trend to construct intersousal tort liability in China in the combination of contrast and comparative study and China reality. The writer demonstrates that law authority can guarantee the spouse's legal right protection and redress on survival of marriage, and law's education and deterrence functions can prevent interspousal tort and help nurture the harmony and stability of marriage and family.In Chapter 3, the writer has analyzed the necessary and possibility of interspousal tort liability legislation. In order to demonstrate the necessary, the writer has analyzed the deficiency of China's present legislation, and has discussed the interspousal tort legislation is significant to arouse mass legal right sense and protect spouse'right. In order to demonstrate the possibility, the writer has declaimed that interspousal tort legislation in China is practical actually and theoretically by refutation against the negative viewpoints on interspousal tort liability legislation. Last but not the least, the writer has provided her suggestions on legislation, and has expected to solve the contradiction that legislation lagged behind and the vague regulations fail to satisfy society's demand by legislation improvement so as to accomplish tort legislation on interspousal tort liability.In the conclusion, the writer has generalized and condensed her standings and explained her thought again.