On Marital Tort Liability

The family harmony is the basis of structuring harmonious society of socialism which requests that the equality and harmony must be existed between husbands and wives. However, in the actual life, infringements appearing massively between husbands and wives have destroyed the equality and harmony and have interrupted the family stability and also have become the obstacle for structuring harmonious society of socialism. Facing to infringement appearing massively between husbands and wives, the marital legislation needs to solve the problem that the judiciary relieves must be prompt on the marital litigants who suffer injury to prevent the occurrence of tortious acts and maintain families' harmoniousness and society's harmony. For this purpose, the creation of civil liabilities of torts between husband and wife has important theoretic significance and practical significance to protect lawful rights and interests of the marital litigants and to build the harmonious family and harmonious society. This article is divided into three parts (besides foreword and concluding remark), discussing from the utility angle the feasibility of protecting civil rights in marriage, the legal adjustment of torts between husband and wife, the lack of adjusting tortious acts in marriage, aspects of perfecting the marital legislation and so on.Partâ… has put forward questions involving torts between husband and wife. It mainly has introduced the different judicial cases of torts between husband and wife which arose before or after the implementation of the present marriage law and proposed five questions which should be paid attention to in building of the civil liability system of torts between husband and wife. At the same time, it has also described different academic viewpoints related to the feasibility of protecting civil rights in marriage. In the end , it has analyzed and explained my standpoint and viewpoint.Partâ…¡has discussed the legal adjustment of torts between husband and wife which is described from the aspects which are the legal rules adjusting tortious acts in marriage, the types, compositive conditions, application and evidential responsibility of civil responsibility of torts between husband and wife.Partâ…¢has put forward the lack of adjusting tortious acts in marriage and aspects of perfecting the marital legislation. Firstly, this part has described the lack of marital legislation and judicatory from two aspects which are the legislation and obstacles in actual judicial practice of civil responsibility of torts between husband and wife. Secondly, in view of the lack of the legislation and judicial practice, this part has posed aspects of perfecting the marital legislation and meaningful suggestions through discussing the harmonization between civil responsibility of marital torts and compensable responsibility of divorce, the elimination of realization of compensable responsibility of torts in marriage and establishment of claiming rights in marriage.