The Legal Analysis Of A Divorce Case

Divorce damage compensation system is one of important achievement in the marriage law. the marriage law 46th and some judicial interpretation has not able to satisfy the judicial practice, The Author use some case which displays some flaw to carry on the analysis,. Analyzes its insufficiency, and tries to propose some suggestion about the divorce damage compensation system. This paper includes four parts.The first part: This part simply indicate case,lan and jia marries for more than 20 years, because jia have another lover, and they lived in one house, which cause marriages the end. Maintenaning right is difficult. Especially, Evidence collected make lan are helpless, The judge have different viewpoint on divorces damage compensationThe second part: Analysis some question which caused by the case,Between concept, the Legal nature, Constitution compensation scope, the subjects of both rights and duties. Analysis legal relationship in the case. There are two different academic viewpoints, breach of contracts and act of tort. It include four aspects, the illegal activity, The harm result. Refer to the fact that author's illegal activity. Creates for another people's property damage. Illegal activities with the harm result's causal relation, which the harm result are cause by the illegal activity, both has the causal relation. Subjective of mistaker, including intentional. According to legal principle theory of law, in non-mistake situation, if the law has stipulated, Can undertake the responsibility. Compensation scope including two damage compensation .The different between the subject of right and obligation, the third needs to undertake the responsibility in certain cases is a big problem, the innocent party who should be sued for injury compensation, the compensation can not be used as subjects of rights. And than analysis reality of a number of legal loopholes.The third part: The analysis of the reality of China's legal problems.The fourth part involves the methods of solving problem from the following aspects. Canceling subject restriction of the right to request and widening subject range of compensating obligation. Including: The subject range of petition for divorce damages should not limit to couples, it should enlarge subject range of petition for divorce damages obligation of compensation. Enlarging the range of significant behavior .Maintaining of spiritual violent includes the following four aspects. Firstly, if the subjective attitude of the actor can compose the determinant of spiritual violent ? Secondly, paying attention to the disguise of spiritual violent highly. Thirdly, the spiritual violent should have severe aftermath of damages. From the literally understanding of violent is more severe than general infringement. Finally, examining the contact of aftermath of damages and violent, this is the reason that the actor bear one's liability.Solution to evidence-collection Confirming the standard of divorce damages amount.The divorce damages amount is the core of divorce damages institution, and the problem to solve now. The amount of divorce damages should be coincident with the damage amount. It maybe difficult .because there haven't concrete standard in the marriage law.To promote legal consciousness of people.