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The Compensate For Marital Violence Between Spouse

Posted on:2015-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:J M YangFull Text:PDF
GTID:2296330464473094Subject:Law
Abstract/Summary:PDF Full Text Request
If a country want to get development, it depends on a harmonious social environment, which is based on the harmony of family members. What’s more, harmonious family environment depends on harmonious marriage relationship. Because of the diversification of social value, family values are also great changes have taken place and becomes the main type of family violent, which leads to the pouring of domestic violence damages problem. It is not only a problem related to family member,but also a serious social one.it has significant meaning in punishing perpetrators, helping sufferer, preventing family violence action. The applicable conditions should be considered from the following four aspects:proper target person, degree of damage, accordance with tort constitutive requirements, divorce. In order to improve the domestic violence damage compensation system, it should be taken legislation and judiciary into consideration. As for legislation, a special law should be established which is to punish family violence and accomplish domestic violence damages. It should formulate the responsibility that the perpetrators should bear and the suffer has the right to claim indemnity. As for judiciary, the system of civil protection order and onus probandi inversion of evidence rules are established to protect the suffer’s rights of domestic violence damages compensation.
Keywords/Search Tags:spouse, violent, the pouring of domestic violence damages, perfection of the legal mechanism
PDF Full Text Request
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