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

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.