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Marital tort liability Legal Issues

Author: ZhuMeiNing
Tutor: MaGengXin
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: comparative study of marital tort system improvement
CLC: D923.9
Type: Master's thesis
Year: 2011
Downloads: 165
Quote: 0
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Abstract


At present, as society changes and society changes, China’s divorce rate rose, filled with a lot behind the phenomenon of divorce all kinds of marital abuses. And these violations continue to show the trend of diversification and rapid growth, largely endanger the family harmony and stability, a direct impact on social harmony, has shaken the community is all about. Faced with these problems, marital infringement without delay the relevant legislation has been improved. In this paper, analyzing the real case, the infringement of our existing marital characteristics were summarized, and theoretical research in international and comparative analysis of legislation on the basis of substantive law and procedures from the wears matching angles, and strive to to explore a marriage, the parties can effectively protect the legitimate rights and interests of the path, to build a scientific and effective marital tort system.Text is divided into introduction, body, conclusion of three parts, the body is divided into four chapters.Chapter 1 Introduction. This chapter on marital tort theorists say positive, negative and compromise said that a comparative analysis to arrive on the proper understanding of marital infringement. And elaborated on this basis, the concept of marital tort, legal characteristics and elements.Chapter II infringement of our marital status. This chapter from the typical real-marital tort cases to start, summed up the marital tort showing our old ideas, forms, an upward trend in the number of characteristics, and analyzed the resulting deterioration of our marital status of the underlying causes of infringement, direct cause and institutional reasons. Chapter marital home and abroad comparative study of tort law system. Western countries earlier study of marital tort, the relevant legislation is more comprehensive and judicial aspects of the implementation of effective protection can also be victims of punishment against those objectives. This chapter of the international comparative study of the relevant legislation, to tease out the problems in China-related legislation, combined with China’s national conditions and the advanced experience of foreign legislation, summed up the foreign legislative reference to China.Chapter improve our system of tort law in marriage idea. This chapter from our sound legal system marital tort feasibility of starting to explore the basic principles from legislation to the substantive law and procedural law, a complete set of build path. Among them, the focus is to further strengthen the protection of rights and obligations of husband and wife, set reasonable compensation for personal injury within marriage payment system, and set in the procedural law to adapt to the special circumstances of the infringement in marriage the subject of proceedings, the statute of limitations and evidence retention and other related systems, the infringement of the injured party within marriage both in procedural law or substantive law are protected.

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CLC: > Political, legal > Legal > Chinese law > Marriage Law
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