On Divorce Damages The Scope And Application Of Law

This essay systematically sets forth the ranges, legal adoption and other relative issues of divorce damage compensation in our marriage law. It includes four parts.Introduction part reasonably explores the essential nature of marriage legal system, illustrates the arguments on "contract theory" and "system theory" in academic field, confirms the reasonableness and advance of "system theory" and subsequently draws forth that the nature of the liability of divorce compensation is "liability for tort".The first chapter of the main body is about the ranges of divorce damage compensation. Firstly, it compares every country's legislation of divorce damage compensation; secondly, it reasonably analyzes the compensation range, expounds and proves our country's compensation range should include physical and mental damage compensation. Then it generalizes the four legal characters of our country's divorce damage compensation. In the following two sections, it illustrates in details the content, concept and characters of the physical and mental damage compensation of divorce separately. At last, it reasonably analyzes the damage recognition of physical and mental damage compensation divorce.The second chapter of the main body is about legal adoption of divorce damage compensation. Firstly, it confirms the adoption principles such as fault liability principle, negligence offset principle, whole compensation principle, limited mental damage compensation principle and free judgment of compensation principle of judges. Secondly, it systematically expounds and proves the legal adoption terms of divorce damage compensation, that is, the four legal cases regulated in our country's Marriage Law. Such illustration provides some theoretical basis for the judicial practices.The third chapter of the main body is about the ranges of our country divorce damage compensation and the problems in legal adoption. It emphasizes fourproblems: 1. The third party's compensation liability. If the third party violates the unfaulty spouse right; it should take joint liability with the faulty spouse. 2. Putting to the proof liability .It mainly puts forwards some reasonable legal suggestions for the facts that, it is very difficult for people to put to the proof. 3. The expansion of legal adoption terms of damage compensation. It points out that it isn't good to protect the harmed rights if the adoption terms are too limited, so we should add some provisions and regulate such general provision as "other important fault behaviors". 4. The confirmation of damage compensation sum. It generalizes the damage compensation into two types and analyzes the factors in conforming the sum by sitting "objective judgment theory".