婚内侵权民事责任与立法构想

CiVil Liability and Legislative Ideas during Marriage

我国学者对于夫妻间是否应追究侵权民事责任,存在着不同看法。为确保夫妻对婚内权利平等的享有,有必要对婚内侵权民事责任制度进行立法与司法审思,并以此为基础,对我国婚内侵权民事责任制度提出构想,以期供我国立法机关参考。

Chinese scholars have different views on the civil responsibility of the tort during marriage. It is worthy of reflection to be carried on the legislation and the judicature of the civil responsibility of the tort during marriage in order to ensure that husband and wife enjoy rights equally. The last section of this paper will bring forward legisla- tion measures of the civil responsibility of the tort during marriage.