Ningbo husband and wife caused personal injury, can claim compensation?- Zhiheng Law Firm

The wife was beaten by her husband and hospitalized, with medical expenses totaling several tens of thousands. However, the family’s savings belong to both spouses. If you sue your husband for compensation, isn’t that like “paying from one hand to the other”? Let me state the conclusion up front:In cases where one spouse causes bodily harm to the other, the injured party has the right, pursuant to the Tort Liability Chapter of the Civil Code, to claim compensation from the other party.; However, due to the existence of the marital property regime, “whether compensation can be claimed” and “whether the awarded sum can be successfully collected after the claim is made” are two distinct issues, with the latter requiring special handling. This article clarifies the matter by drawing on legal principles and judicial precedents.

1. Can one file a tort suit during marriage? "Spouses cannot sue each other for tort" is a misconception.

Let me first debunk a widely held misconception: many people believe that “spouses cannot sue each other for tort,” and that courts do not intervene in matters between husband and wife. This claim has no legal basis.

Article 1165, paragraph 1 of the Civil Code provides:A person who, through fault, infringes upon another’s civil rights and causes damage shall bear tort liability.Here, the term “others” does not exclude the spouse. Articles 1,002 through 1,004 respectively provide that natural persons enjoy the rights to life, bodily integrity, and health, which no organization or individual may infringe upon; Articles 1,090 and 1,091 further confirm that personality rights are protected by law. In other words, marriage does not mean surrendering one’s rights over one’s own body or health to a spouse; these rights exist independently of the marital relationship.

When one spouse injures the other, from a legal perspective, the primary issue is a tort; only thereafter does the marital relationship come into play. The first civil trial court of the Supreme People's court said very directly in the judgment point of view: marital infringement refers to the act of one of the husband and wife who has a legal marriage relationship, infringing upon the personal rights and property rights of the spouse and damaging the other party by means of act or omission; if the infringement occurs during the existence of the marriage relationship, the infringed person can claim rights according to the tort liability, this is the same as the claim of divorce damages at the time of divorce, which is "two sides of the same coin and not contrary to each other".

Therefore, harm inflicted between spouses is not beyond the scope of legal recourse. The real issue at hand is not whether a lawsuit can be filed, but rather how to file it, what one can recover, and what procedural considerations are involved in enforcement.

2. Why the outdated notion of "no compensation within marriage" does not hold up.

In the past, there was a kind of judicial attitude that under the system of joint property of husband and wife, if one party was sentenced to compensate the other party, and the money went back from the joint property, it was equivalent to "self-compensation", which was meaningless. This notion no longer holds water today.

The right to life and health is independent of the marital relationship.The rights to bodily integrity and health are the most fundamental components of personality rights; they do not constitute marital “property” and do not, by virtue of marriage, become the “bodies of two people.” When one party harms the other, it infringes upon the other party’s exclusive personal rights, which cannot be rendered “shared” simply because of the marital relationship.

Protection of personality rights shall not be diminished on the basis of personal relationships. The Civil Code confirms in the General Provisions that "the personal rights of natural persons arising from marriage and family relations are protected by law", and puts the right to life, the right to body and the right to health at the forefront in the right of personality. The attitude is very clear: marriage relationship cannot be the reason to block the relief of marital infringement.

The establishment of liability and its enforceability are two different matters.Even if the compensation may “enter and then exit the pool of marital property,” this does not negate the establishment of tort liability. To deny infringement simply because the accounts share the same name would amount to tacitly allowing the notion that “as long as a couple remains married, physical violence can go unpunished,” which runs counter to the principles of equality and civilized marital and family relations upheld by law.

3. What circumstances constitute marital tort and entitle one to claim compensation?

Intramarital torts are not limited to “assault.” If one spouse, by act or omission, infringes upon the other spouse’s personal rights or property rights and thereby causes damage, such conduct may constitute a tort. Common scenarios include:

Injury caused by domestic violence. Assault, binding, maiming, restricting personal freedom, as well as frequent verbal abuse and intimidation, all constitute domestic violence. In cases of spousal assault resulting in injury, the victim may claim both material losses incurred for medical treatment and compensation for emotional distress.
Intentional injury. If the injury amounts to minor injury or above, it may constitute the crime of intentional injury, and civil compensation and criminal liability shall run concurrently.
The spouse was driving a motor vehicle and caused injury to the other party.If one party’s violation of traffic regulations or driving under the influence results in injury to the spouse, compensation may be claimed pursuant to the Road Traffic Safety Law and the Tort Liability Chapter; where necessary, claims may also be filed under compulsory motor vehicle liability insurance and commercial third-party liability insurance.
Concealing infectious diseases and sexually transmitted diseases. If a party knows that he is suffering from serious infectious diseases such as AIDS and syphilis, and deliberately conceals that he has sex with his spouse to cause the other party's disease, it infringes on the right to health and may claim compensation.
Infringement of reputation and privacy. If the public dissemination of spouse's privacy, insult and slander, or public private information causes a decrease in social evaluation, it may claim to stop the infringement, eliminate the influence, restore reputation, and apologize. If the circumstances are serious, it may claim compensation for mental damage.

In the aforementioned circumstances, domestic violence and intentional injury often concurrently give rise to administrative liability and even criminal liability, constituting a case of “a single act giving rise to multiple types of liability.”

4. What types of compensation can be claimed: from medical expenses to compensation for mental distress

The items of compensation for personal injury in marriage are basically the same as those for general personal injury. According to Article 1,179 of the Civil Code, if an infringement causes personal injury to another person, compensation shall be made for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, etc., which are reasonable expenses for treatment and rehabilitation, as well as income reduced due to missed work; if disability is caused, compensation shall also be made for auxiliary equipment expenses and disability compensation; if death is caused, compensation shall also be made for funeral expenses and death compensation. Intra-marital circumstances typically allow for the assertion of:

Medical expenses: Actual out-of-pocket costs for outpatient visits, hospitalization, examinations, medications, etc., supported by official receipts.
Loss of earnings: Income reduced due to an inability to work as a result of the injury, calculated based on the duration of the absence from work and the individual’s income.
Nursing expenses: Costs incurred for assistance from others during hospitalization and rehabilitation.
Transportation expenses, nutritional expenses, and inpatient meal allowance: Transportation to and from medical appointments, rehabilitation nutrition, and inpatient meal allowances.
Disability compensation: Where an injury results in a disability as determined by assessment, the compensation shall be calculated based on the degree of disability and the local standards, and the assessment fees may also be claimed.
Compensation for mental distress: In accordance with Article 1183 of the Civil Code, where the infringement upon a natural person’s personal rights causes severe mental harm, the injured party is entitled to claim compensation for such mental distress.

Pay special attention.The distinction between compensation for torts committed during marriage and compensation for damages in divorce (Article 1091 of the Civil Code), These two sets of rights are the easiest to confuse:

The legal bases differ: compensation for torts committed during marriage is based on the general provisions of the section on tort liability; compensation for damages in divorce, pursuant to Article 1091, is limited to statutory circumstances such as bigamy, cohabitation with another person, domestic violence, abuse or abandonment of family members, and other serious wrongful conduct.
Whether divorce is a prerequisite differs: Compensation for damages in divorce proceedings is contingent upon divorce; if the court rules against granting a divorce, such claims will not be supported. In contrast, compensation for torts committed during marriage does not require divorce as a condition and may be claimed during marriage, at the time of divorce, or after divorce.
Different scope of causes of action: Divorce-related damages compensation covers only statutory grounds for fault; tort liability within marriage has a broader scope, as it may arise from any infringement upon the spouse’s personal or property rights that results in harm.
Differences in compensation: Compensation for torts committed during marriage primarily aims to fully compensate for actual damages, with the addition of non‑pecuniary damages; divorce‑related damages compensation is more focused on the physical and psychological harm resulting from the breakdown of the marriage.

The two types of claims may overlap. For example, domestic violence both constitutes a statutory ground for claiming damages in divorce proceedings and also amounts to a general tort.This isn’t about “only being able to choose one”; rather, it’s about selecting the most advantageous path at different stages and at different points in time.

5. Special dilemma: Does it make sense to use marital joint property to compensate oneself?

This is the most intractable issue in cases of marital tort. In most Chinese families, the statutory system of joint property applies. If the court orders the husband to compensate his wife, the money would come from and then return to the marital assets, akin to “moving money from the left pocket to the right.” This question cannot be avoided, but it can be examined separately.

First, the allocation of the compensation payment alters the nature of the funds. Article 1,063 of the Civil Code stipulates that any compensation or damages received by one spouse as a result of personal injury shall constitute the individual property of that spouse. Once the compensation is received by the victim, it becomes their personal property and is no longer subject to joint ownership, thereby legally severing the cycle of “the money going around and coming back.”

Secondly, the object of enforcement should be the tortfeasor’s personal property.In principle, during enforcement of marital claims, execution shall be directed only toward the tortfeasor’s personal property, so as to prevent funds from simply being transferred from one pocket to another; if the tortfeasor does possess personal assets, execution shall be carried out from such assets. Only when there is no personal property, or when such property is insufficient, will it be necessary to “first separate the share attributable to the tortfeasor from the jointly owned property and then proceed with enforcement”; this typically involves applying a stipulation on the system of separate property or the property division agreed upon at the time of divorce.

Thirdly, “compensation with joint property” still holds practical significance. It confirms "who infringes, who is responsible", and draws a boundary between right and wrong within the marriage; It makes the compensation have independent attribution, and it will not be divided again when the divorce is divided in the future; It can also cooperate to stop the infringement, apologize and other liability ways to restrain the abuser.Fourth, under the system of separate property, compensation is the most straightforward:When the ownership of the property is clearly established, the court may directly order the infringer to make payment from their own assets.

6. When and how to raise the issue: file a lawsuit during marriage or make the claim jointly upon divorce.

The choice of path depends on whether the parties still want to continue the marriage.

For those who have decided to divorce, the most efficient approach is to simultaneously file claims for personal injury compensation and divorce-related damages in the divorce litigation. This allows both the marital status and property‑related matters, as well as compensation issues, to be resolved within a single proceeding, thereby enhancing efficiency and facilitating the centralized presentation of evidence. In cases of divorce resulting from domestic violence, the party without fault may also claim damages under Article 1091 and request that a greater share of the marital property be awarded to them during the division of joint assets.

If you don't want to divorce for the time being, you can also file a separate lawsuit for personal injury compensation in marriage: the tort liability system allows the injured party to claim rights during the existence of the marriage relationship, and there have been cases of filing personal injury compensation in marriage and obtaining disability compensation in judicial practice. Filing a lawsuit during marriage allows for the early preservation of evidence, clarification of the perpetrator’s liability, and prevention of evidence from being lost, while also safeguarding one’s ability to take the initiative in any future divorce proceedings.

Keep a close watch on the statute of limitations. Article 188 of the Civil Code stipulates that the ordinary statute of limitations is three years, counting from the date when the right and the obligor are known or should have known of the damage, and the right is not protected in principle if the right is damaged for more than 20 years. In cases of ongoing domestic violence, each instance of calling the police, seeking medical treatment, or contacting the Women’s Federation may constitute an interruption of the statute of limitations; therefore, records of every effort to protect one’s rights should be preserved. The rules differ when seeking divorce-related damages: the plaintiff must raise such claims concurrently with the divorce petition; if the defendant does not consent to the divorce and has not raised the issue, the plaintiff may file a separate claim within one year after the divorce; generally, any waiver of such claims made during a mutually agreed divorce cannot be asserted thereafter.

7. Concurrent criminal and administrative liabilities: warning letter, public security penalty, and intentional injury crime

During marriage, inflicting harm on one’s spouse may result in civil compensation as well as concurrent administrative and criminal liability; these three forms of responsibility run concurrently and are independent of one another.

Domestic Violence Warning Letter. Article 16 of the Anti-domestic violence Law stipulates that if the circumstances of domestic violence are relatively minor and no public security management punishment is imposed in accordance with the law, the public security organ shall criticize and educate the perpetrator or issue a warning letter. The warning letter shall contain the identity information of the perpetrator, the statement of domestic violence facts, and the prohibition of domestic violence. It serves as a warning to the perpetrator and can also be used as evidence to establish the fact of domestic violence in the future.

Public security penalty. Article 43 of the Public Security Administration Punishment Law stipulates that anyone who beats another person or intentionally hurts another person's body shall be detained for not less than five days but not more than ten days, and a fine of not less than 200 yuan but not more than 500 yuan shall be imposed; if the circumstances are relatively minor, a penalty of five Detained for less than days or fined less than 500 yuan. Article 45 stipulates that in cases of abuse of family members where the abused party requests intervention, the perpetrator shall be subject to detention of no more than five days or a warning.

Intentional injury. Injuries of minor injuries or more may violate Article 234 of the Criminal Law: Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; if he causes serious injury, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; if he causes death or serious injury by particularly cruel means and causes serious disability, the maximum penalty shall be the death penalty. It is not uncommon for cases to arise in which a spouse is prosecuted for intentional injury after inflicting minor bodily harm on the other through domestic violence. In criminal proceedings with an accompanying civil action, the injured spouse may simultaneously claim compensation for medical expenses and other material losses.Assuming criminal liability does not exempt one from civil compensation, nor is such liability excused on the ground that the parties are spouses., this point was repeatedly affirmed in the reasoning of the judgment.

8. Evidence and practical points: Litigation relies on evidence.

Intramarital torts often occur at home and are highly concealed, making evidence collection critical to the outcome. In the event of harm, evidence can be secured in the following ways:

Medical Records: At the time of your first visit, truthfully inform the doctor of the time, place, and circumstances of the injury, as well as the identity of the perpetrator and your relationship to them. Outpatient and inpatient records, diagnostic certificates, and medical expense receipts all constitute key evidence.
Reporting and Police Response Records: Call 110 immediately and clearly state that it is a case of domestic violence; cooperate with the police in taking a statement, and request a copy of the police response record or the case acceptance receipt.
Warning letter, personal protection order: Apply to the public security organ for a warning letter, or apply to the court for a personal protection order; the court may recognize the fact of domestic violence based on police dispatch records, the warning letter, and the injury assessment opinion.
Injury appraisal: the appraisal shall be entrusted by the public security organ or by a qualified institution; if it constitutes a disability, the appraisal of the disability grade shall be done separately, which is directly related to the calculation of disability compensation.
Photos, audio recordings and chat records: take pictures of injuries and on-site and reflect the time and place; keep recordings of threats and abuse, short messages and WeChat records.
witness testimony and help-seeking record: the testimony of family members and neighbors who live together, and the receiving record of asking for help from women's federations, communities and neighborhood committees can prove the continuity of domestic violence and the efforts to safeguard rights.

There are two points in practice: first, the burden of proof is not all on the injured party, and the court can reasonably allocate the burden of proof after the injured party completes the preliminary proof in domestic violence cases; second, if the injured party itself is also at fault (such as the first action, verbal stimulation), the other party can prove to defend, and the verification can reduce the responsibility accordingly. Therefore, it is equally important to maintain rationality and avoid the escalation of "fighting each other.

9. FAQ

Question 1: If you don't divorce, can you sue your spouse alone for compensation?

Can. Based on the general provisions of the tort liability, the injured party may claim compensation for personal injury during marriage. However, if it is based on the compensation for divorce damages in Article 1091 of the Civil Code, it must be based on divorce, and the court will not accept it if it does not sue for divorce; general tort compensation is not subject to this restriction.

Question 2: Is it meaningless to award compensation under the joint property system of husband and wife?

cannot be generalized. Personal injury compensation belongs to the personal property of the injured party according to law and will not be swallowed up by the common relationship. Even under a regime of community property, compensation serves to clarify liability, determine the ownership of specific assets, and facilitate the cessation of the infringing conduct.

Question 3: In cases of domestic violence, is it sufficient to simply report the incident to the police without going to court?

The alarm is a necessary and important first step, but the alarm alone does not automatically result in compensation. Alarm records and warnings are the key evidence for subsequent claims for compensation, personal safety protection orders and even criminal responsibility; to obtain compensation, litigation and other procedures are still required.

Question 4: What is the statute of limitations for claims for damages arising from torts committed during marriage?

The three-year ordinary statute of limitations applies from the date when the right and the obligor knew or should have known of the impairment. In the case of persistent domestic violence, each time the protection of rights may constitute a time limit interruption, so every time the record of calling the police, seeking medical treatment and seeking help should be kept.

Question 5: After being found guilty of the crime of intentional injury, can one still seek civil compensation?

Yes. Criminal liability and civil liability for damages run concurrently; the imposition of criminal penalties does not absolve one of the obligation to provide compensation, nor is such obligation excused on the basis of marital status. The injured party may bring an incidental civil action in the criminal proceedings, claiming material damages such as medical expenses.

Question 6: Will the compensation be treated as joint property and divided again during the divorce?

No. Compensation or damages received by one party as a result of personal injury shall, in accordance with the law, be deemed that party’s separate property and shall not be subject to division as part of the marital assets upon divorce. This is also one of the practical implications of seeking compensation during marriage—ensuring that the money is truly “in your own name.”

10. Practical Insights from a Lawyer

Many people are used to asking "whether husband and wife can sue each other for infringement" first. In fact, the real difficulty of this kind of cases is not whether they can sue or not, but whether "responsibility is established" and "whether money can be obtained" are two things. Once injured, the first action should be fixed evidence: insist on calling the police and asking for a receipt of receiving the police, go to a regular hospital for medical treatment, let the medical record truthfully state the cause of the injury, and file and save the medical expense bill, appraisal opinions and injury photos separately. In particular, it is reminded not to mix medical expenses with other household expenses in living expenses, otherwise it will be difficult to tell which one is the loss caused by the infringement in the future, and a key certificate will be missing when requesting compensation.

under the background of the system of joint property of husband and wife, "using two people's money to compensate oneself" is the most practical obstacle in this kind of cases. The lawsuit can claim both divorce damages and personal tort compensation, and give priority to the other party's personal property, such as his premarital property, personal vehicle or provident fund, and find out the whereabouts of these properties in advance. Whether the judgment can be fulfilled often depends on whether you have found out the other party's enforceable property before filing a lawsuit and whether you have applied for preservation at a critical point in time. It is not uncommon in practice to get only a successful judgment but find no property.

Whether to sue immediately or not should be coordinated with the overall arrangement of divorce. When the marriage is still maintained, it is easy to intensify the contradiction, which is not conducive to the subsequent maintenance and property negotiation. If divorce has been decided and tort compensation is put forward as a claim, one more bargaining chip will be added to the negotiation-once the other party realizes that it may face public security punishment or even criminal investigation, it will usually loosen the arrangement of property concession and maintenance. Considering injury evidence, property leads, and negotiation strategies as part of an integrated strategy is far more effective than pursuing a personal injury lawsuit in isolation.

If personal injury is caused between husband and wife, the victim can claim compensation: either tort compensation or divorce damage compensation at the time of divorce. There is no essential difference between marital infringement and general infringement in terms of constituent elements. "Husband and wife cannot sue each other for infringement" and "no compensation for marital beating" are all untenable old concepts.

But the particularity lies in: under the common property system, the "execution" of compensation is more challenging than the "determination". The injured party should try its best to claim that the compensation belongs to the personal property and promote the execution from the personal property of the injured party. Three suggestions: First, protect yourself immediately and preserve the evidence.--Report to the authorities, seek medical attention, obtain a forensic assessment, and retain records;Second, apply for a personal safety protection order as soon as possible., prioritize personal safety; The third is to choose the path according to "whether to divorce", if you can claim it together, you can claim it together. Don't let the limitation and evidence go away in vain.