Discussion Marital Tort Liability

From ancient times to the present, Infringements between husbands and wives havealways existed,however,because of the people affected by the thought of “women are inferiorto men”,many people din’t think that Infringements between husbands and wives wasexisted.At that time,people lack of human rights and din’t know protection of the rights withlegal weapons.But,With the development of economy continuously and improvement of Thelegal system, people began to fully realize their rights and protect their interests, conflicts ofmarital infringement come out.In2001, China amended the "People’s Republic of ChinaMarriage Law" It added divorce damage compensation system.which is a major breakthroughin China’s legislation on marriage law, but this regulation did not play a role in maritalinfringement. Faced with a large number of marital infringement cases, Our country has notthe relevant legal regulations. which not only led to the court to hear the cases with noregulations to basis and even led to the injured party interests are not protected.This paper is divided into four chapters.Chapter One is an overview of marital Tortliability.describing the concept of marital infringement、characteristics and type as well as thecomplicity of marital tort liability and responsibility principle.Chapter Two discusses thenecessity and the feasibility of building a system of marital tort.Chapter Three isinvestigating foreign laws and regulations and find the our inadequacies,then,drawing onadvanced foreign legal system. Chapter Four is about The law of marital Tort liability in ourcountry. Describes the status and lack of marital Tort liability. The fifth chapter is the lastchapter, is making recommendations to the Tort Liability of marriage legislation, mainly fromtwo aspects of substantive law and procedural law.