论婚内侵权民事责任-法律专业论文.docxVIP

III III wife. Part III has put forward the lack of adjusting tortious acts in marriage and aspects of perfecting the marital legislation. Firstly, this part has described the lack of marital legislation and judicatory from two aspects which are the legislation and obstacles in actual judicial practice of civil responsibility of torts between husband and wife. Secondly, in view of the lack of the legislation and judicial practice, this part has posed aspects of perfecting the marital legislation and meaningful suggestions through discussing the harmonization between civil responsibility of marital torts and compensable responsibility of divorce, the elimination of realization of compensable responsibility of torts in marriage and establishment of claiming rights in marriage. Key words：Torts between husband and wife；Tortious acts；Legal adjustment；Tortious responsibility i i 目 录 前言 ······················································································· 1 第一部分 问题的提出 ······························································· 3 一、我国婚内侵权的不同司法案例简介 ······································ 3 二、婚内民事权利保护的可行性论争········································· 6 （一）消极说 ·································································· 6 （二）积极说 ·································································· 8 第二部分 婚内侵权行为的法律规制 ············································ 12 一、规制婚内侵权行为的法律规定··········································· 12 二、婚内侵权行为类型·························································· 13 三、婚内侵权民事责任的构成要件··········································· 17 四、婚内侵权民事责任的适用················································· 19 （一）婚内侵权损害赔偿责任的适用 ··································· 19 （二）婚内侵权其他民事责任的适用 ··································· 21 五、婚内侵权民事责任的举证责任··········································· 22 第三部分 我国规制婚内侵权行为之不足及完善立法的构想 ·············· 24 一、我国现行婚内侵权民事责任立法及司法之不足 ······················ 24 （一