The Analysis Of Divorce Cases Causes By Family Emotional Abuse

According to the special report on judicial huge data on divorce disputes issued by the Supreme People’s court,2017 divorce cases were up to more than 1 million 400 thousand pieces,among them,the court’s request for dissolution of marriage due to domestic violence accounted for 14.86%of the divorce cases,domestic violence second to disharmony between husband and wife becomes one of the main reasons of divorce.Among these domestic violence cases,91.43%cases are male violence against women,among them,the main conventional domestic violence such as beating,scolding,and abuse is was included,but at the same time,emotional abuse also exists.Divorce dispute cases in Liu lawing Duan,Zhang lawing Han,Tan lawing Li,Tan lawing Li are all relative typical case of divorce cases resulting from emotional abuse in the family.On the new wedding night,Duan refused sexual life in the reason of tiredness,and he didn’t perform the obligation of husband and wife all the time later,at the same time,he used the indifferent,unquestioning attitude to Liu,Liu considered that the behavior of Duan formed Emotional abuse,she appealed to court for divorce and ordering Duan to pay 300 thousand yuan for mental damage compensation.There are three focus of controversy in sample cases:first,whether the emotional abuse behaviors of disregarding,ignoring,avoiding physical contact and refusing or being perfunctory to sexual life belong to domestic violence;second,whether the victims of cold violence can request the compensation for mental damage;third,whether the evidences provided by victims of emotional abuse in the family "legal".Based on theory and the standard explanation of the second article on the<Law against domestic violence>,the results could be reached as follow:first,emotional abuse behavior belongs to the behavior of domestic violence.Emotional abuse behavior is implemented in the methods that are coldness,being indifferent to each other,avoiding physical contact,refusing or being perfunctory with sexual life,no obligation of husband and wife etc,it is a behavior of causing the spiritual pain to victims,it can be subsumed by the second article "other method"on the<Law against domestic violence>.Second,the behavior of emotional abuse in the family belongs to domestic violence,so the victims of the emotional abuse can also request compensation for mental damage.The obligations of cohabitation and mutual help are between husband and wife,the behaviors of one’s refusing to communicate,exchange or refusing sexual life violate the obligations of cohabitation and mutual help,cause the spiritual pain of the victim,seriously,the victim suffers from mental illness such as depression etc,which encroaches on the the victim’s right to health,personal dignity and other personal rights,so the victims of emotional abuse have the right to request compensation for mental damage.Third,the evidences provided by victims of emotional abuse should conform to the three-properties requirement of evidence in the law,only the evidences conforming to the law can be recognized by the court as the basis of fact finding.If the recording evidences and hospital inspection reports provided by one party are not according to the relevance requirements of evidences,and can’t prove the facts they claim,then,the court can’t support the party’s claim.