Marital Tort Civil Liability System In China

Marriage relations have the natural attributes of morality and ethics,which are compatible with the traditional ethics concept of non-litigation and harmony.When there are conflicts between husband and wife,they mainly rely on the binding force of morality and their self-examination to resolve.However,it cannot be overlooked that the marriage relationship itself is also a kind of legal relationship with the guarantee of coercive force.When the stability is threatened,the parties can seek legal remedies.The current Marriage Law does a lot of swearing regulations on the protection of the rights of spouses,but it does not involve the relevant content of the spouse's rights,which results in the lack of a clear legal basis for the regulation of marital infringement in judicial practice.Different local courts have made two very different judgments on similar cases under the Marriage Law or the Tort Law.I believe that the Tort Liability Law focuses on property relations with a stronger legal nature.The disputes between husband and wife are dominated by strong ethical principles.Therefore,it is more appropriate to fall into the category of adjustment of the Marriage Law.The article follows this line of thought and discusses it in four parts.The first part deals with the basic theoretical issues of marriage inner act of tort,introduces the concept and characteristics of marital tort,and uses the object of behavior infringement as the basis to state the specific types of the infringement behavior.The second part studies the status quo and inadequacies of marital infringement regulation from the three levels of legislation,judicature and science.The third part analyzes relevant foreign legislation systems in depth from the perspective of comparative law.The process of the establishment of the legal system and the specific construction of the system for Anglo-American Legal System and Continental Legal System are discussed respectively in order to provide a wealth of ideas for the establishment of a domestic infringement system within the marriage.The fourth part is the proposal for the improvement of the system.It defines the spouse right system in terms of substantive law and establishes a systematic system of compensation for infringement damage within marriage.It is guaranteed by the system of creditor's rights and the very property system.Family courts are established in the area of procedural law and reasonable advice is provided on the burden of proof and timeliness of litigation.