Divorce Compensation For Moral Damage

The divorce damage compensate is one right relief system, it is to a non-mi stake spouse side receives the violation when the marital right the relief way, gi ves the victim the essential protection and the compensation, it is regarded as th e special damage compensate which in the relative law stipulated also is the non -property damage compensate (including person harm and spirit damage compen sate), it stems from the legislation fair principle, protects to the weak one, maint ains is harmed side rights and interests the system."Marriage law" has for the fir st time established our country's divorce damage compensate legal regime, the Su preme People's Court about was suitable "Marriage law" certain question explanat ion generalissimo type to be clear about the divorce damage compensate includin g the material damage compensate and the spirit damage compensate. Therefore t his article draws up to divorces in the damage compensate the spirit damage co mpensate question to carry on the preliminary inquisition, embarks from the divo rce spirit damage compensate concept, the divorce spirit damage compensate natu re, the constitution important document, the compensation scope determination an d the compensation standard carry on the analysis, the discussion divorce the spi rit damage compensate in the legal principle theory of law possibility and the pr actice necessity.The divorce spirit damage compensate, is refers to a spouse only then illegal violation spouse other source the legitimate rights and interests, cau ses the marriage ties to burst, when divorce receives the energetic benefit harm and the energetic wound to the non-mistake spouse, the civil liability which the mistake spouse should undertake.The divorce spirit damage compensate nature is the right infringement responsibility.Its civil liability constitution must simultaneou sly have has the legal illegal activity, has the mistake, has the harm fact, has th e causal relation and so on four important documents.The legal reason including the marriage outside the sex act, the harm family misdeed, violates the spouse t o give birth the power and not to undertake the family duty to cause the divorc e and so on.Responsibility way universal property responsibility and non-property responsibility two ways.Compensation amount determination by marriage time le ngth, right infringement plot weight, harm consequence factor decisions and so o n size.