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Analysis Of The System Of Compensation For Mental Damage In Divorce

Posted on:2014-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:W L CuiFull Text:PDF
GTID:2246330398468975Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
The system of compensation for spiritual damages of divorce is a new revision of the marriage law of our country after the content, is refers to the fault spouse in violation of marital duties, violates the lawful rights and interests of the innocent party, a right spirit damage to its cause to give the necessary protection and compensation relief system. The legislative purpose of the system is to maintain the legal rights of the divorce parties, strengthen the protection of the weak in marriage, embodying the principle of fairness of marriage legislation. The establishment of the system of compensation for spiritual damages for divorce, the divorce relief system in China on the provisions of relevant laws, reflecting a further breakthrough in our marriage legislation, but also make up a big gap in the system of civil law in China.Mental damage compensation system for divorce in China has been more than ten years, but because it is too rough and the principle of legislation, judicial practice is not easy to operate, gradually revealed its defects:such as the legal scope of mental damage in divorce; divorce moral damage compensation liability subject narrow; the injured spouse the difficulties of proof of divorce moral damage compensation claims; the amount of compensation for divorce spirit damage to determine the lack of uniform regulations etc.. This paper uses case analysis form, firstly expounds the basic theory of mental damage compensation system for divorce, the divorce spirit damage compensate meaning, function, meaning, constitutive requirements, applicable to the case, determine the amount of compensation. Secondly, on the basis of foreign legislation experience, combined with the status of legislation and judicial practice in China, analysis of the system of divorce damage compensation spirit in our country exist in the specific application of the problem, and put forward some legislative proposals of marriage.
Keywords/Search Tags:divorce, system of compensation for spiritual damages, perfect, apply
PDF Full Text Request
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