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- Title
Improvement of China's Law Relief for Marital Civil Tort.
- Authors
Jingguo Zhang; Ming-Hsun Chiang, James; Plaisent, Michel; Bernard, Prosper
- Abstract
Whether the marital civil infringement should get law relief, and how to remedy, still exist controversy. The jurisprudential basis of law relief about marital civil tort lies in the illegality of marital civil tort, the personality equality and personality independence of civil subject, and conforms to legal applicable rules of the common law and special law. The law relief about marital civil tort can be solved by amendment of relevant judicial interpretations, namely abolish the provisions of original Marriage Law Judicial Interpretation (I) article 29(3), reconfirm the justiciability of marital infringement. Marital infringement law relief should be legislation perfect when making the civil code, focusing on specification of marital infringement claim basis and law relief protection system.
- Subjects
CHINA; RAPE in marriage; MARRIAGE law; ETHICS; CIVIL liability; MARRIAGE licenses; RAPE laws
- Publication
International Journal of Health & Economic Development, 2017, Vol 3, Issue 2, p1
- ISSN
2373-7948
- Publication type
Article