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现代婚姻基于人格独立而赋予夫妻双方平等的法律地位,配偶基于婚姻关系之存在也享有广泛的人身权、财产权,其合法权利受法律的平等保护。配偶一方不履行法定义务,侵害另一方的合法权益,造成对另一方侵权的,亦应承担相应民事侵权责任。但遗憾的是,我国修改后的婚姻法和司法解释都仅规定了离婚损害赔偿制度,对婚姻关系存续期间的侵权损害赔偿制度却未涉及,而现阶段婚内侵权行为的大量出现凸显了法律缺失与司法实践的冲突。基于此,本文着重对在我国构建婚内损害赔偿制度进行了分析和探讨。
Modern marriage, on the basis of personality independence, gives both husband and wife equal legal status. Spouses also enjoy a wide range of personal rights and property rights because of their marital relations. Their legal rights are equally protected by law. If one spouse fails to fulfill its statutory obligations and infringes upon the lawful rights and interests of the other party and causes infringement on the part of the other party, it shall also bear the corresponding tort liability. However, it is regrettable that the revised Marriage Law and Judicial Interpretation only stipulate the system of compensation for damages of divorce, and the system of compensation for damages during the existence of the marriage is not covered yet. However, the large number of infringements in marriage at this stage highlights the lack of law Conflicts with judicial practice. Based on this, this article focuses on the analysis and discussion of the system of compensation for damages in marriage in our country.