Divorce In Compensation For Moral Damage

Divorce moral damage compensation system, is China’s "marriage law" revised in2001established a new divorce relief system. Its legislative purpose is toprotect the lawful rights and interests of the no-fault party in the marriage partner, to make up for the injured party, the damage to punish violations of fault behavior. In the judicial practice, the current regulation is not a good solution in the practice of the new situation, new problems. Improve the system of mental damage compensation divorce become inevitable.This article includes three parts: the first part, the paper puts forward four typical cases, comb to induce related issues. Such as reproductive rights violations, can apply mental injury get compensation; If a third party can be used as thedefendant, together with the guilty party liable; The burden of proof allocation;How do you determine the compensation amount.The second part Outlines the divorce damage compensation system, this paper introduces the legislation survey of the foreign system of divorce compensation for mental damage and mental damage compensation system of divorce legislation present situation of our country.The third part of perfecting the system of divorce compensation for mental injury, to solve the existing problems and put forward reasonable Suggestions. Mainlyincludes the application of the mental damage compensation divorce case, the third party, the burden of proof allocation, the amount of compensation for mentalinjury.