Study Of The Compensation For Spouses Infringement Of Personal Right In The Perspective Of Anti-domestic Violence

Personal tort between a couple seems to come with marriage system.In many forms of marital personal tort,Domestic violence is the most prominent.With the improvement of civilization and awakening of people's right consciousness,especially doctrine of separate conjugal personalities more and more accepted among people,more and more people are seeking for legal relief.The anti-domestic violence law has been put into effect,which no doubt is of great significance to regulation of family violence in China.But it hasn't stipulated Civil compensation liability of personal tort in domestic violence.Now General Principles of Civil Law and The Tort Law of PRC haven't exclude marital tort liability,so there are legal precedents that Right of claim for compensation for personal tort of litigants are supported according to the laws above.But in practice there are legal precedents that Right of claim for compensation for personal tort denied according to marriage law and related judicial interpretation.Which not only causes disunity of administration of justice but also isn't good for defense of relief of victims of domestic violence and punishment for domestic violence.This article analyses problems in judicature and legislation about personal tort in domestic violence.Based on theoretical analysis,it generalizes the definition and characteristics of these actions and also summarize the inscape,identification standard of them and responsibility must paid in different forms.Suggestions are given to handle personal tort in domestic violence in order to realize the unification of law application and the perfection of legal system,and defend rights victims of personal tort of domestic violence.