On Marital Tort

Marital tort is the legally married spouse will full violation of the legitimate rights of the other party’s legal obligation sand caused violations confront this person, property and moral damage. Our legal system only to divorce damages to the relevant provisions, which makes the infringement has not reached the point of divorce between husband and wife can not follow, not the rights of the injured party’s relief,one of the illegal acts of infringement can not be effectively regulated. This paper argues that it is necessary to study marital tort liability, tort liability between husband and wife will be more specific, especially in terms of civil liability, the right to make victims more quickly and effectively to get relief. Solve marital problems infringement, infringement of marital effective regulation, to establish an effective system of practice, not only for the protection of the rights of husband and wife is more perfect,to maintain harmony and stability of marriage, and even the stability of the whole society are important.There has been infringement within marriage. In one doctrine couple legislative period, this problem is not taken seriously. With economic development, individual rights consciousness, between husband and wife mutually independent personality,the idea of equality is growing in popularity, making marital rights consciousness began to germinate.This article includes four parts:The first part, an overview of marital infringement, this part of the comparison of the different general tort and marital infringement characteristics, constituent element sand other aspects;The second part, the type of marital infringement,introduces the marital tort and general tort like as sault and battery and violation of property rights and a special type of marital tort part-Spouse Right;The third part, marital tort law remedies, the necessity from the reality of marriage and starting infringement, the general comparison of different methods and tort liability tort liability marital way;The fourth part, on the concept of tort legislation and institutional status within our marriage, seriously study the basis of the infringement of the legislation on marriage and make recommendation improving marital tort legislation.Looking at the current international trends and our practical needs, it is necessary to establish the system of tort damages during a marriage, but also feasible to create this system, so we should accelerate the pace of legislation for both spouses to effectively protect its interests in the marriage provide a legal basis for the promotion of family conflict mitigation, building a harmonious family.