Tort Liability Marital Discussion

Marital and family relations are the basic units of the complicate social relations and the foundation of social stability and harmonious. However, the tort behavior emerges largely while the marriage exists. Thus greatly destroyed the inter-spousal relation and harmed the construction of our harmonious socialist society. As time develops, the thought that spouse should enjoy independent personality and fair status has been gradually rooted in people's mind. The rights awareness awakened people to protect their lawful rights in marriage with the weapon of law. Whereas, the current marital legislations are yet not sufficient enough to meet the people's need in solving inter-spousal tort issues. Therefore, to regulate the inter-spousal tort with marital legislation and perfect the civil liability system to help the victims of inter-spousal tort is of great importance.This thesis includes five parts to discuss the civil liability of inter-spousal tort, and hope to put forward some constructive advices in the end:The pretext contains the reason and meaning of choosing this topic, and the brief introduction of the status quo of inter-spousal tort in China-namely the troubles that had been brought to the juridical practice by the deficiency of inter-spousal tort liability. Meanwhile, the theme of this thesis is also critical to remedy the victim of the inter-spousal tort.The second part gives the definition of inter-spousal tort and its particularity, and at the same time, the writer will brief the types of inter-spousal tort; Inter-spousal tort refers to either party of the spouse violets the provisions of law during the term of a lawful marriage, and infringes the other party's personal right or property right, thus has to undertake the legal liability under current laws and regulations. Inter-spousal tort has certain peculiarities in subject,time of happening and forms. This thesis would like to discuss inter-spousal tort from the point of its concept and try to layout a theoretical foundation for the later research.The third part will try to discuss the inter-spousal tort under the circumstance of comparative law and find some guidance for China. The inter-spousal tort liability has experienced a period of develop from nothing and gradually recognizing the independent status of either party of the spouse in the marriage in both common law countries and continental law countries. Though in China, we have also recognized the independent status of either party of the spouse in the marriage, we didn't yet thoroughly break the traditional marital ideal in the establishment of inter-spouse tort liability. Only if we break the traditional ideal exists in our marital law system can our marital law keep pace with the development of modern legal system.The forth part mainly focus on the theoretical and actual significance of studying this topic in China. In this part, the writer will analyze the rationality of establishing inter-spousal tort liability in our country and probe into the feasibility and necessity of building inter-spousal tort liability for our legal practice.The last part is going to put forward some feasible solutions for solving the inter-spousal tort liability, from the remediable ways of inter-spousal tort-namely the property ways and non-property ways, such as dismemberment of marital collective property and separation.