婚内侵权责任的理论反思与制度完善

A Theoretical Reflection and System Construction of the Tort Liability in Marriage

追究婚内侵权责任可以保护受害人的合法权益和维系婚姻家庭的稳定。夫妻别体主义的确立为其提供了法理基础,国外立法和司法实践为我们提供了重要的经验借鉴。当前,应尽快建立非常财产制和债权凭证制度,为婚内侵权责任提供物质保证。

The system of tort liability in marriage is to protect the legitimate interests of victims and to maintain the marriage and family stability.The doctrine of spouse personal independence provides it important legal basis,and foreign legislation and judicial practice have provided important experience for us to use for reference.At present,the special property system and the debt obligation system should be established as soon as possible in order to provide with the material guarantee.