The Marital Tort Liability System

Marital tort is undoubtedly a long-term and a large number of existing social reality all over the world, but China’s traditional feudal remnants and the lack of legal awareness in the community resulting in the victim suffered marital tort, coupled with this particular form of tort liability in China is no one appropriate marital tort liability system resulting in a more serious social consequences. Therefore, the establishment of a must to improve the marital tort damages is the urgent need of social reality. This article is aimed at this discourse,around this, proposition is divided into five chapters.The first chapter, the introduction.The second chapter, marital tort overview. First, it discusses the tort concept of marital characteristics. Secondly, it discusses the constituent elements infringement within marriage. Violations within the discourse on the type and form of expression.The third chapter, the basic content of the marital tort liability system. Including the concept of tort liability, the main range, and marital tort liability of marital responsibility principle, bear the way its defenses.The fourth chapter, by introducing the current absence of legislation because of the marital tort liability system and cause many problems exist in the judicial practice and domestic marital tort liability system existing legal basis to introduce foreign existence of relevant legislation instance of experience. clarify the necessity and feasibility of the establishment of marital tort liability system to China.The fifth chapter, discuss specific ideas for Establishing marital tort liability system in China.