Research On The System Of Compensation During Marriag

In recent years,with the rapid economic growth and increasingly complex social relations,there have been some social problems worth paying attention to.For example,domestic violence,marital infringement,extramarital affairs and other incidents abound.However,under the influence of traditional Chinese family ethics such as "conjugalism",the law does not interfere with internal family conflicts as much as possible,which precisely makes it impossible for the injured spouse to effectively seek relief through legal procedures.Although the legislation in the field of marriage and family has been amended several times,there is no provision for a system of compensation within marriage,and court decisions are inconsistent,with both affirmative and negative rulings on compensation for the spouse suing,resulting in different judgments in the same case.However,because there is no law expressly providing the responsibility to recognize the tort within marriage,the rights of the injured spouse during marriage are not protected,which highlights the contradiction between the inadequacy of the legal system and the actual needs.The contradiction between the inadequacy of legal system and actual demand has appeared,which leads to the urgent need to establish the marriage compensation system.Scholars and jurists have different opinions on how to define the marital tort and whether to establish the marital compensation system.This paper studies this issue.In addition,how to establish the marital tort compensation system in China is also a subject of high research value.This paper first introduces the marital torts from three aspects,including the difference between the components of marital torts and general torts,and introduces the types of marital torts,and then introduces the status quo of marital compensation system and finds out the existing problems,and then investigates and analyzes the status quo of foreign laws.To find out the ideas that are in line with China’s reality and can help establish China’s marital compensation system,and provide reference for the construction of China’s marital compensation system.In the last chapter,the author puts forward his own views on the measures to construct the marital compensation system at this stage.