The Divorce Spirit Damage Compensation

Spirit damage was due to violations and infringement of human suffering caused by mental and spiritual interests of the loss of physical and mental health of its people have a considerably negative impact.Therefore,the world's major countries have established a general moral damage compensation system,with a view to be from infringing material on the people is subjected to the moral damage compensation. Divorce damages amendments to the Marriage Law is the system by the newly created a right relief system.Because of domestic violence,bigamy,cohabitation,abuse and abandonment lead to divorce their spouses will bring the injured party spirit of the damage;However,in real life,the party suffered because of the above act and the physical and mental pain can not have much money,material to measure and calculation. Therefore,the system of divorce damages for the parties to obtain spiritual significance lies in damages,in order to the extent possible,to soothe their physical and mental injuries,in order to better start a new life.The moral damage compensation system adjustment of social relations,a civil legal relations,adjusted by the Civil Code.Divorce moral damage compensation system in the civil liability system is an important component part of the marriage and family relations with the constant changes and adjustments to marriage and family relations laws and regulations and the constant improvement of prominence.To study the spirit of divorce proceedings and compensation for damage must be established from the civil law system damages the spirit of the adjustment range,the targets,the legal framework,function and the development of history to research and exploration,thereby directly or indirectly,in the divorce proceedings grasp the spirit of damage the compensation system has evolved, current situation and future development trend analysis,feasibility studies,and architecture divorce moral damage compensation system to provide a reasonable basis.This paper is divided into four parts mental damages on divorce system Studies, History and development of the status quo,there are shortcomings in the legal framework for analysis and verification,and binding judicial practice on these questions simple Inquiry.Firstly,through to a typical marital spirit damage compensate caseevaluation, explained in marital relations spirit damage compensatesystem establishment necessity, as well as our country this systemimperfect place,carries on the upholstery for the as follows concreteelaboration.Secondly,in had expounded this system implication,the characteristic,the function and in the historical evolution foundation,has discussedthe divorce spirit damage compensate system establishment practicalsignificance,pointed out this system the establishment is a milestonewhich our country "Marriage law" legislates.Thirdly,the spirit damage compensate system has experienced the processin our country which grows out of nothing,through carries on theelaboration to this system legislation present situation and carrieson the comparison to the overseas this system vertical legalregulation,pointed out our country uses the model enumeratesprinciple legislation style this way is quite obsolete,isdisadvantageous to advantageously protects litigant's legitimaterights and interests.Then the author proposed that,In order tostrengthen to the personality power protection,our country civil lawmust profit from foreign this aspect the success experience,speciallyGermany most newly revises a draft and the Swiss civil law beneficialexperience,gives up purely enumerates the principle legislation way,changes picks enumerates the legislation way which the principle andthe summary principle unifies,spirit of damage compensate scope theexpansion personality power violation.To all illegal act violationpersonality law profit fresh spirit harm,suffers injury average perperson may legally request the spirit damage compensate.Fourthly,the paper last the part,is aims at the divorce spirit damagecompensate system in the practice application to propose consummatesthe suggestion,responsibility aspect and so on is compensating thevolunteer,presents evidence puts forward author some individualproposals and the view.