Research The Scope Of Divorce Mental Damages

It is a big step forward that the newly revised "People’s Republic of China Marriage Law" established divorce moral damage compensation system, Supreme People’s Court also made out that damages should include the "material and moral damage compensation for damages," the general requirement in the judicial interpretation, Divorce moral damage compensation system is designed to protect the rights of the other spouse who has no fault. As society progresses, the emergence of some new situations and new problems, such as extra-marital affairs, marital rape, gambling and drug abuse and other acts, just rely on the revised "People’s Republic of China Marriage Law" Article 46 is difficult to solve real problems effectively. This paper focuses on the spiritual divorce damages scope, and according to some new cases of necessity applies and expands the scope of damages spirit elaborate. Finally, I made personal humble opinion in the spirit of the scope of damages.This paper consists of five parts, the first part use the two cases leads from both positive and negative judgments, which can be found that the scope of the spiritual divorce damages in this respect is not clearly defined, there are many imperfections on divorce scope of the spiritual divorce damages. That is the original intention of this writing. The second part expound the basic theory about the spirit of divorce damages,make a clear concept of divorce damages the spirit, nature, history and claims basis.。 The third part is a combination of Japan, Germany, France, Taiwan and other regions of the provisions on divorce mental damages, elaborated and the relevant provisions of our country’s the legislative status, reflecting that our country about on several statutory provisions divorce compensation for moral damage is too narrow, it is difficult to cover the judicial problems encountered in practice。The fourth part is the judicial practice under the new circumstances arises, such as: extramarital sex, gambling, drug abuse repeated, and reproductive rights act against a spouse, marital rape, sexual crimes spouse. Combining the view of academic, explain the necessity to expand the spirit of divorce damages. The fifth part is mainly based on the new situation and new problems that arise in life, to make some improvement suggestions for solving new problems. China should learn from the legislative experience of other countries and regions to take enumerated provisions and general provisions combination after cite specific legal case, it is a way that after the "Marriage Law" Article 46 adds a flexibility clause, to solve today’s enumerated legal and judicial practice disjointed legislative dilemma caused, That is, after four cases listed in Article 46, adding a general requirement:"Other major fault behavior causes breakdown of marital relations".what constitutes a serious fault, by a judge in accordance with the specific case analysis and judgment to make a fair and impartial judgment, and to protect the legitimate interests of the marriage relationship no-fault party better.In summary, divorce moral damage compensation system is an important Chinese Marriage Law system, but its scope still have some shortcomings and deficiencies, we need to continue to pay attention and research.。 I believe that, with further research and development of systems for divorce damages theory, the system will be maturing, to safeguard the innocent party’s the legitimate rights and interests in the course of judicial practice, stable marriage and family life have played a positive role in law.