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The Divorce Damages System Has Been Specifide

Posted on:2009-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhaoFull Text:PDF
GTID:2166360245486976Subject:Law
Abstract/Summary:PDF Full Text Request
After amendments to Marriage Law, the divorce damages system has been specified, which is the first of China's legislative history. Five years passed, there are a lot of cases about divorce damages in judicial practice .Not only in practice the judiciary and lawyers have different understanding on the system, but also it is in dispute theoretically. This article expresses the author's view about the problems and different understandings. This paper firstly introduces the meaning, history, functions, features and significance of the divorce damages and summarizes the theoretical basis of this system. The author agrees with. Nixing Lin (A Taiwan scholar) who classifies the divorce damages (general) and considers statutory act of fault be a tort action. Meanwhile, the acts of narrow divorce damages lead to the damage to the innocent spouse, as for the nature of divorce damage, for protecting the spouse's personal right, the author considers the act is not a breach action but a tort action. The act specified in china's divorce damages system is a statutory act of fault, which is a tort action. Finally, according to the specific situation in China's legislation, we put forward comprehensive proposals, such as establishing spouse's sight system and the third person compensating system, clearly prescribing the compensation standards.
Keywords/Search Tags:divorce damages, tort action, fault
PDF Full Text Request
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