Study On The System Of Moral Damage Compensation In Divorce

…Wedlock is a way of life suitable for the survival of mankind in the society of civilization,Husband and wife relationship is the foundation and the core of marriage,It is also the genetic causes.However,In reality,the violations of spouse authority have occurred frequently,such as the increase in acts of adultery,bigamy,corruption,the domestic violence escalation and otherwise.Therefore,Triggered by the breakdown of wedlock is also in a rising trend.Injured party spouse hurt in psychological trauma and pain tremendously.Consequently,divorce damages issue has become a prominent issue concomitant.The section 46 of the"marriage law"provides a amending system of divorce damages in 2001,which defined to bigamy,a spouse with another person cohabitation,domestic violence and abuse,and abandonment of family members to divorce,no-fault party has the right to request compensation.Damage compensation should include the damage compensations for material and moral.This paper mainly explored and studied divorce moral damage compensation.This article is divided into five main parts:The first part mainly discuss the basic theory of the system about divorce moral damage compensation,including the conception of the system about divorce moral damage compensation,the theory foundation and the function of the system about divorce moral damage compensation. Divorce because of the domestic violence,bigamy,cohabitate outside marriage,maltreat and abandon family members will lead to spirit damage to the aggrieved party, giving the right to request compensation.Damage compensation to no-fault party is very necessary.The second part mainly discuss the subject in the system of divorce moral damage compensation.The subject which has right to request divorce moral damage compensation and the liability subject in the system of divorce moral damage compensation in our"marriage law"are limited.The third part discuss the essences and the form of moral damage compensation elements.The essences of moral damage compensation elements include:existence violations,damage fact,a party commit a fault,and there is a causal link between the facts and the fault behaviors.The form of moral damage compensation elements is that the no-fault party must request the divorce moral damage compensation when divorced.The fourth part discuss the calculation of the amount of the divorce moral damage compensation.The writer believed that the amount of divorce moral damage compensation should have Maximum amount and Minimum amount,and between the Maximum and Minimum amount,we should consider a lot of factor to decide the amount to compensate.In the fifth part of the article ,the writer made a number of proposals to improve the system of divorce moral damage compensation.The system of divorce moral damage compensation must improve in the following aspect: the subject in the system of divorce moral damage compensation, the essences and the form of moral damage compensation elements and the calculation of the amount of the divorce moral damage compensation.