婚内侵权民事责任制度研究

Research on Civil Liability System of Marriage Infringement

婚内夫妻之间的侵权问题由来已久,基于强伦理性的考虑,法律也一直未对其进行干预。然而,随着法制的不断健全,夫妻一体化的传统观念逐渐解体,人们对人格独立、人格平等有了更深刻的认知与更理性的要求,婚内民事侵权成为我国亟待解决的一个现实的法律问题。在制定《民法典》的背景下,建立婚内民事侵权制度,确认婚内侵权的可诉性,修正并完善相关立法,处理好一般法与特殊法之间法律适用的衔接,进而为婚内民事侵权提供请求权基础和制度性保障。

The problem of infringement between husband and wife in marriage has a long history. Based on strong ethical considerations, the law has not interfered with it. However, with the continuous improvement of the legal system, the traditional concept of husband-and-wife integration has gradually disintegrated. People have a deeper cognition and more rational requirements for personality independence and personality equality. Marriage infringement has become a reality that China needs to solve urgently. Legal Issues. In the context of the formulation of the Civil Code, establish a system of civil torts in marriage, confirm the suitability of infringements in marriage, amend and improve relevant legislation, and handle the convergence of laws between the general law and the special law, and then Tort provides the basis of claim and institutional guarantee.