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The Study Of Damages System Of Marital Relations

Posted on:2011-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:X G XingFull Text:PDF
Abstract/Summary:PDF Full Text Request
April 28,2001, after the promulgation of amendments to the new "Marriage" formally established a divorce damages system, which clarified the subject exercising the right to request for damages for divorce, the subject bearing the main responsibility for compensation, the scope and composition of elements for damages. In judicial interpretation of Supreme People's Court the damages for spirit in the divorce has also been explicitly included. The establishment of the damage compensation system is a significant progress in China's legal construction of marriage and family. Since the implementation of the Act, the system has played an important role in violations of sanctions against marital relations, compensation subject to the legitimate rights and interests against one of the spouses and been of great significance to the maintenance and protection of marriage, family and social stability. However, with the further development of the socio-economic and cultural and legal construction, the further integration of judicial practice and theory of marriage and family law, the divorce damages system is gradually becoming less exposed, in the law applies also revealed many problems, far from being able to meet the judicial practice.The discussion in this paper includes not only the divorce damages system, but also more content. It is necessary to build sound system of damages in the marital relationship. First, liability for damages should be the nature of the marital relationship characterized as tort liability. We should clear understanding of marriage and the marriage system, the nature of damages for the legislation and practice guidelines in the right direction. Second, fault presumption should be introduced into the field of marriage and family system damages. Third, the marriage damages claim including an additional claim for damages, can be exercised by not only a spouse but also the other aggrieved family members within a certain range. Fourth, it should be recognized as tort liability indirectly prejudice to the compensation of marriage to explore the fault of a third party liability for damages as a marriage and the feasibility of the main body. Last, to further improve the marriage, the content of moral damage compensation system, a better play to the spirit of the soothing effect of the system.
Keywords/Search Tags:the divorce damages system, the liability of tort, The presumption of fault, the damages for spirit
PDF Full Text Request
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