| Marriage is a living method selected by human beings in the evolvement process of barbarism to civilization. Conjugal relation is the basis and core of marriage, is the wellhead of blood relation and marriage relation. Conjugal relation is reflecting society's basic contradiction and conflict all the time in the course of history developing in human being, has experienced the evolution from authority of husbands to spouse legally, and the equality that human being runs after is finally embodied in the real life. However, encroach on Spouse Authority occurs frequently. With the expansion of our reform & opening, creation of socialist market economy, introduction of advance productive force and culture, a few bad life-style also seize the opportunity to flood in. For instance, sharply increased bigamy, cohabit, adultery, family violence and"keep second lover". The tendency of fracted conjugal relationship leading by above mentioned conditions is going up. This gives the victim party gigantic spirit wound on mentality and having endangered the regular marriage family seriously. To restrict and punish the behaviors which influence conjugal relationship, to keep healthy, civilized and advanced conjugal relationship is very urgent and important to our current situation. Every country is continuously improving and perfecting the protection to the victim party by law and judicatory. Therefore, the compensation arising out of divorces becomes an outstanding problem.It is stipulated in Clause 46 of which was modified in 2001 that non-fault party shall have the right to bring forward compensation requirement to the party who has bigamy, cohabit, domestic violence, abusing or abandon family members. However, as the first advance conjugal law system China introduced, there is still a big gap for us to further understand it. The text is to investigate and research on the principle issues related to devoices compensation. Three sections are included in this thesis:The first part is Foreword. Based on the rising tendency of our devoices rate and its various of reason, here we get the conclusion by analysis: no matter benign marriage or non-benign marriage, we shall consider to provide help by system when the marriage is leading to break due to one party's major fault or even illegal activities. Today with the fact that we haven't built up a complete regulation system for devoices damage compensation, it has the positive meaning for establishment and improvement of the system to research and discuss the devoices compensation system by theory and define the responsibilities, subjects, methods and compensation standards.The first part of the thesis gives an overview about devoices damage compensation system and research & study for a certain basic problems. First of all, the history process of devoiced damage compensation system is analyzed, the overviews of different countries on devoices damage compensation is listed. Secondly, the function and meaning is researched and discussed. The system has three main functions which including damage compensation, spirit appeasement, punishment and prevention. The establishment of the system has four main meanings which including: 1) protect the party's lawful rights; 2) perfect the legal system for marriage family; 3) important safeguard for devoices realization; 4) internal requirement of marriage liability. Secondly, after analyzing Clause 46 of , we summarize the main characteristics of devoices damage compensation, which means the specification of subject, time and the special character of responsibilities rules.Part two analyze the framework of our current devoices damage compensation system. Firstly, the constitutive requirements of devoices damage compensation is analyzed, I think that devoices damage compensation consists of general constitutive requirements and special constitutive requirements. The general constitutive requirement consists of illegal behavior, damage compensation, casual relationship and conduct person default. The existence of devoices and valid marriage are the special constitutive requirements for the establishment of devoices damage compensation. Secondly, it discusses the applicable requirement of devoices damage compensation, which includes bigamy, cohabit, family violence, abusing and abandon family members. At last, it analyzes the scope for devoice damage compensation. The scope of devoice damage compensation shall includes material compensation and moral compensation. Material compensation includes devoices property damage compensation and physical injury compensation; the moral damage compensation includes the moral painful compensation and moral benefit damage compensation.Part 3 is the analysis to the existing problems of the devoices damage compensation system and put forward several proposal solutions. May these proposals provide valuable reference to the future research of these questions and better lead the practice. That is the main point of the thesis. First of all, make deep analysis to the argument of devoices damage compensation responsibility, list two different sayings in the current law circle; tell the correction and disadvantages of these two argument points by analysis and evidence; Finally put forward that whether the opposability of the conflict leaded by the different partition of devoice reasons damage and devoices damages may be eliminated through by eliminated by establishing new devoice damage compensation system. And the thesis summarizes the existing problems of subject of devoice damage compensation and put forward the proposal solutions. 1) The damage compensation claim is not limited to the couple. The scope for subject claim shall be extended. 2) State that whether the third party shall also be considered as the claim subject shall be treated by different conditions. At last, put forward the proposal solution to the existing lawsuit problems of devoices damages compensation. 1) The scope of wrongful act. For instance, cohabit shall belong to wrongful act because the harm arising out of it is similar to the wrongful act. 2) About onus probandi, the proposal is given by four items: i. Define the legality for the non-fault person to collect evidence privately; ii. The burden of proof shall be inverted with conditions in the lawsuit of devoices damage compensation; iii. Broaden the standard of proofs for devoices damage compensation. Probability evidence principle is used in judicatory practice; iv. People's Court shall bring into play a role, coordinate the party collecting evidence. 3) The definition of devoice damage compensation amount, especially for the moral reparation. Judicatory explanation and foreign related act shall be referenced. I propose to stipulate the moral reparation standard with consideration of more factors.
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