Exploring General Personal Tort Issues Between Spouses in China —A Perspective on Motor Vehicle Traffic Accidents

Research Article
Open access

Exploring General Personal Tort Issues Between Spouses in China —A Perspective on Motor Vehicle Traffic Accidents

Wen Yao 1*
  • 1 Jinan University    
  • *corresponding author wyao0856@163.com
Published on 26 October 2023 | https://doi.org/10.54254/2753-7048/19/20231449
LNEP Vol.19
ISSN (Print): 2753-7056
ISSN (Online): 2753-7048
ISBN (Print): 978-1-83558-063-9
ISBN (Online): 978-1-83558-064-6

Abstract

With the increasing awareness of individual rights and independence, there is a growing popularity in the concept of citizens’ personal independence. Consequently, general personal tort disputes between spouses are on the rise, with motor vehicle traffic accidents serving as a typical example. This article explores the general personal tort liability between husbands and wives in China from this perspective. Using the fundamental logic of "problem identification, analysis, and solution finding," it compiles general personal tort cases between spouses in motor vehicle traffic accidents from recent years, examines the current state of domestic and international research, and presents judicial controversies regarding the application of the law, the determination of tort liability, and the realization of damages in such cases. The primary research methods employed are case analysis, literature research, and comparative analysis. Based on the analysis, it is concluded that previous judgments, legal improvements, and traditional views have influenced the application of the law. The determination of tort liability has not yet established a unified standard, and the property system of husbands and wives poses an obstacle to the realization of damages, which is the primary reason for differing judgments in similar cases. Consequently, it is recommended that the application of the law follow the sequence of the Road Traffic Safety Law, Tort Liability section, Personality Rights section, and General Provisions section to determine whether it constitutes general personal tort liability between spouses in motor vehicle traffic accidents in China. Additionally, clarifying the existing legal norms of matrimonial property can eliminate certain obstacles to realizing damages. The objective of this article is to provide practical guidance for judicial practice, ensure that remedies for the rights of the tortfeasor are achievable, and enrich theoretical research outcomes.

Keywords:

inter-spousal tort, tort liability, damage claims, motor vehicle traffic accidents

Yao,W. (2023). Exploring General Personal Tort Issues Between Spouses in China —A Perspective on Motor Vehicle Traffic Accidents. Lecture Notes in Education Psychology and Public Media,19,252-262.
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References

[1]. Xu, J. (2019). A Study on the Allocation of Fault Tort Liability between Spouses: A Perspective on Motor Vehicle Traffic Accident Disputes. Journal of Zhenjiang Vocational College, 32(3), 67-72.

[2]. Wang, W. (1994). Civil Liability for Tortious Acts between Spouses. Administrative and Legal Sciences (Journal of Jilin Provincial Administrative College), (3), 18-19.

[3]. Liu, S. (2003). Exploring Compensation for Tortious Damages during the Continuation of Spousal Relationships. Journal of Guangdong Polytechnic Normal University, (5), 57-60.

[4]. Jiang, H. (2003). A Microscopic Exploration of Spousal Tort Liability. Political and Legal Forum, (1), 74-79.

[5]. Du, J. (2005). Research on Issues Related to Intra-Marital Torts. Journal of Southwest University for Nationalities (Humanities and Social Sciences Edition), (5), 108-113.

[6]. Liu, Y. (2008). Analysis of Issues Related to Intra-Marital Torts. China Business Review (Second Half-Monthly), (4), 168.

[7]. Wang, W. (2010). Reflections on Establishing a Civil Remedies System for Spousal Torts in China. Tianjin Law Review, 26(1), 61-65.

[8]. Wang, Y. (2018). Exploration of Spousal Intra-Marital Tort Liability. Modern Commerce and Trade Industry, 39(25), 132-133.

[9]. Shen, C. (2022). Articulation and Interpretation of the Connection between the Marriage and Family Code and its Subsections. Jingchu Law Review, (4), 36-48.

[10]. Chang, M., & Liu, X. (2003). On the Establishment of the Spousal Tort Liability System. Journal of Shandong University of Technology (Social Sciences Edition), (5), 52-54.

[11]. Liu, P. (2006). Discussion on Several Issues Regarding the Construction of a Spousal Tort Civil Liability System. Journal of Guangxi Political and Legal Management Cadre Institute, (5), 66-69.

[12]. Wang, J. (2009). A Microscopic Exploration of the Elements of Spousal Tort Liability. Social Sciences Horizon, 24(2), 91-93.

[13]. Xu, J. (2019). A Study on the Allocation of Fault Tort Liability between Spouses: A Perspective on Motor Vehicle Traffic Accident Disputes. Journal of Zhenjiang Vocational College, 32(3), 67-72.

[14]. Liu, P. (2006). Discussion on Several Issues Regarding the Construction of a Spousal Tort Civil Liability System. Journal of Guangxi Political and Legal Management Cadre Institute, (5), 66-69.

[15]. Su, M. (2006). On Intra-Marital Spousal Tortious Acts and their Civil Liability. Journal of Zhengzhou Institute of Aeronautical Industry Management (Social Sciences Edition), (3), 99-100.

[16]. Fang, J., & Cai, R. (2007). Necessity and Feasibility of Establishing a Spousal Tort Liability System. Journal of Suzhou Institute of Education, (3), 81-84.

[17]. Liu, Y. (2008). Analysis of Issues Related to Intra-Marital Torts. China Business Review (Second Half-Monthly), (4), 168.

[18]. Wei, L. (2009). Analysis of Spousal Torts and Civil Liability. Journal of Guangxi Political and Legal Management Cadre Institute, 24(6), 82-85+114.

[19]. Tang, S. (2011). Trial and Application of Discretionary Power in Spousal Tort Cases. Qiusuo, (11), 149-151.

[20]. Hao, C. (2016). Legal Regulation of Spousal Tort Liability. Legal System and Juridical Exposition, (6), 229.

[21]. Zhang, X. (2013). Compensation for Spousal Tortious Damages: An Evaluation of Article 46 of the Marriage Law. Journal of Lanzhou University (Social Sciences Edition), 41(1), 138-144.

[22]. Du, J. (2005). Research on Issues Related to Intra-Marital Torts. Journal of Southwest University for Nationalities (Humanities and Social Sciences Edition), (5), 108-113.

[23]. Law Reform Commission of British Columbia. (1983). Report on Interspousal Immunity in Tort. Chapter 1.

[24]. Zeng, E., & Zhang, Z. (1995). On Patriarchal Power in Ancient Chinese and Roman Law. Political and Legal Forum, (2), 79-85.

[25]. Xia, Y., & Luo, M. (2012). A Comparison of Intra-Marital Tortious Acts between China and the United States. Comparative Law Research, (121)(3), 54-62.

[26]. Zhang, X. (2008). A Comparative Study of Applying Tort Law to Intra-Marital Relationships. Frontiers of Social Sciences, (158)(8), 165-168.

[27]. Zhang, X. (2013). Compensation for Spousal Tortious Damages: An Evaluation of Article 46 of the Marriage Law. Journal of Lanzhou University (Social Sciences Edition), 41(1), 138-144.

[28]. Su, X., & Yin, N. (2010). Legal Accounting in the Mechanism of Divorce Property Disputes Resolution in the United States and Its Implications. Qiusuo, (12), 152-154.

[29]. Xiao, L. (2014). Application of China's Property Law and Marriage Law in Adjusting Marital Property Relations. Legal Science Journal, 35(8), 70-78.

[30]. Li, T. (2022). Analysis of Trial and Handling Approaches in Cases of Tortious Acts in Motor Vehicle Accidents by One Spouse. Dynamics of Social Sciences, (72)(12), 81-87.

Cite this article

Yao,W. (2023). Exploring General Personal Tort Issues Between Spouses in China —A Perspective on Motor Vehicle Traffic Accidents. Lecture Notes in Education Psychology and Public Media,19,252-262.

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About volume

Volume title: Proceedings of the 4th International Conference on Educational Innovation and Philosophical Inquiries

ISBN：978-1-83558-063-9(Print) / 978-1-83558-064-6(Online)
Editor：Enrique Mallen, Javier Cifuentes-Faura
Conference website: https://www.iceipi.org/
Conference date: 7 August 2023
Series: Lecture Notes in Education Psychology and Public Media
Volume number: Vol.19
ISSN：2753-7048(Print) / 2753-7056(Online)

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References

[1]. Xu, J. (2019). A Study on the Allocation of Fault Tort Liability between Spouses: A Perspective on Motor Vehicle Traffic Accident Disputes. Journal of Zhenjiang Vocational College, 32(3), 67-72.

[2]. Wang, W. (1994). Civil Liability for Tortious Acts between Spouses. Administrative and Legal Sciences (Journal of Jilin Provincial Administrative College), (3), 18-19.

[3]. Liu, S. (2003). Exploring Compensation for Tortious Damages during the Continuation of Spousal Relationships. Journal of Guangdong Polytechnic Normal University, (5), 57-60.

[4]. Jiang, H. (2003). A Microscopic Exploration of Spousal Tort Liability. Political and Legal Forum, (1), 74-79.

[5]. Du, J. (2005). Research on Issues Related to Intra-Marital Torts. Journal of Southwest University for Nationalities (Humanities and Social Sciences Edition), (5), 108-113.

[6]. Liu, Y. (2008). Analysis of Issues Related to Intra-Marital Torts. China Business Review (Second Half-Monthly), (4), 168.

[7]. Wang, W. (2010). Reflections on Establishing a Civil Remedies System for Spousal Torts in China. Tianjin Law Review, 26(1), 61-65.

[8]. Wang, Y. (2018). Exploration of Spousal Intra-Marital Tort Liability. Modern Commerce and Trade Industry, 39(25), 132-133.

[9]. Shen, C. (2022). Articulation and Interpretation of the Connection between the Marriage and Family Code and its Subsections. Jingchu Law Review, (4), 36-48.

[10]. Chang, M., & Liu, X. (2003). On the Establishment of the Spousal Tort Liability System. Journal of Shandong University of Technology (Social Sciences Edition), (5), 52-54.

[11]. Liu, P. (2006). Discussion on Several Issues Regarding the Construction of a Spousal Tort Civil Liability System. Journal of Guangxi Political and Legal Management Cadre Institute, (5), 66-69.

[12]. Wang, J. (2009). A Microscopic Exploration of the Elements of Spousal Tort Liability. Social Sciences Horizon, 24(2), 91-93.

[13]. Xu, J. (2019). A Study on the Allocation of Fault Tort Liability between Spouses: A Perspective on Motor Vehicle Traffic Accident Disputes. Journal of Zhenjiang Vocational College, 32(3), 67-72.

[14]. Liu, P. (2006). Discussion on Several Issues Regarding the Construction of a Spousal Tort Civil Liability System. Journal of Guangxi Political and Legal Management Cadre Institute, (5), 66-69.

[15]. Su, M. (2006). On Intra-Marital Spousal Tortious Acts and their Civil Liability. Journal of Zhengzhou Institute of Aeronautical Industry Management (Social Sciences Edition), (3), 99-100.

[16]. Fang, J., & Cai, R. (2007). Necessity and Feasibility of Establishing a Spousal Tort Liability System. Journal of Suzhou Institute of Education, (3), 81-84.

[17]. Liu, Y. (2008). Analysis of Issues Related to Intra-Marital Torts. China Business Review (Second Half-Monthly), (4), 168.

[18]. Wei, L. (2009). Analysis of Spousal Torts and Civil Liability. Journal of Guangxi Political and Legal Management Cadre Institute, 24(6), 82-85+114.

[19]. Tang, S. (2011). Trial and Application of Discretionary Power in Spousal Tort Cases. Qiusuo, (11), 149-151.

[20]. Hao, C. (2016). Legal Regulation of Spousal Tort Liability. Legal System and Juridical Exposition, (6), 229.

[21]. Zhang, X. (2013). Compensation for Spousal Tortious Damages: An Evaluation of Article 46 of the Marriage Law. Journal of Lanzhou University (Social Sciences Edition), 41(1), 138-144.

[22]. Du, J. (2005). Research on Issues Related to Intra-Marital Torts. Journal of Southwest University for Nationalities (Humanities and Social Sciences Edition), (5), 108-113.

[23]. Law Reform Commission of British Columbia. (1983). Report on Interspousal Immunity in Tort. Chapter 1.

[24]. Zeng, E., & Zhang, Z. (1995). On Patriarchal Power in Ancient Chinese and Roman Law. Political and Legal Forum, (2), 79-85.

[25]. Xia, Y., & Luo, M. (2012). A Comparison of Intra-Marital Tortious Acts between China and the United States. Comparative Law Research, (121)(3), 54-62.

[26]. Zhang, X. (2008). A Comparative Study of Applying Tort Law to Intra-Marital Relationships. Frontiers of Social Sciences, (158)(8), 165-168.

[27]. Zhang, X. (2013). Compensation for Spousal Tortious Damages: An Evaluation of Article 46 of the Marriage Law. Journal of Lanzhou University (Social Sciences Edition), 41(1), 138-144.

[28]. Su, X., & Yin, N. (2010). Legal Accounting in the Mechanism of Divorce Property Disputes Resolution in the United States and Its Implications. Qiusuo, (12), 152-154.

[29]. Xiao, L. (2014). Application of China's Property Law and Marriage Law in Adjusting Marital Property Relations. Legal Science Journal, 35(8), 70-78.

[30]. Li, T. (2022). Analysis of Trial and Handling Approaches in Cases of Tortious Acts in Motor Vehicle Accidents by One Spouse. Dynamics of Social Sciences, (72)(12), 81-87.

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