On The System Of Compensation For Damages Between Husband And Wife

Including the tort damage compensation between husband and wife in marriage and divorce compensation,access to relevant information,the present empirical study found for compensation analysis of less damage between husband and wife,according to the case data collected for the study sample,from five aspects,combs the current couples compensation problems,around the "People's Republic of China marriage law" the forty-sixth is discussed,and puts forward the solution to the problems.This article mainly expounds from the following aspects:One is the basic question about the claim for damages.According to the compensation for damages cases,personal injury compensation:bigamy,spouses living together with others,domestic violence,abuse and abandonment of family members.The compensation for property damage is:one party unlawfully conceals or transfers the common property of the husband and wife,or illegally sells and destroys the property.Between husband and wife damage limitation compensation:marital damages for personal injury claim the current law does not stipulate,so I think the average person for tort litigation limitation,since the owner knows or should know the rights and obligations of people damage calculation date.The application of the special provisions in the marriage law for the compensation for personal injury in divorce can be put forward either at the time of divorce or in another year after the divorce.In view of the infringement of marital property,the present law does not support the request for property division during the marriage relationship.On the basis of the agreed property of husband and wife,the author explores the feasibility of applying the limitation of action to the infringement of property in marriage.At the time of divorce can make division of property right of claim,the "marriage law"forty-seven article stipulates that "a party to the joint property of husband and wife,hidden illegal transfer refused to surrender,or illegal sale or destruction of the division of property,to hide,transfer,sale or destruction of the property of the party,should be less or not.After divorce,the division of property is applied for two years.Although the marriage law has not been amended,the author believes that the limitation should be applied for three years.Between husband and wife damage the function and value of compensation system is the main function of comforting spirit,namely through the material compensation given to the innocent party heart to comfort the marriage relationship,the innocent party anger reached equilibrium,and after the divorce economic can be compensated;secondly,it has the sanction and prevention function,restrain people's behavior,to promote family harmony.Two is this a total of 120 cases,the analysis found the following five questions:marital damage compensation applicable scope is too narrow;the main obligation between husband and wife damage compensation on stenos;the distribution of the burden of proof of the legislation is not reasonable;the amount of damages the spirit of the lack of uniform standards;no relief of marital tort and so on.The three is to explore the implementation of the system of compensation for damages between husband and wife.The author puts forward the following countermeasures:to expand the legal compensation for divorce damages in legislation;expanding the compensation obligation;improve the system of evidence proof procedure of compensation for divorce damage;gradient quantization of mental damage compensation amount;construction of marital damage compensation system related.