A Study On The Attribution Of Personal Injury Compensation To Husband Or Wife

There has been a dispute in academic circles whether the compensation for personal injury should belong to the personal property of husband and wife or the joint property of them up to now.The present Marriage Law of our country prescribes the right one,but the defects of this provision are obvious.On the one hand,the conflict between the legislative provisions leads to confusion in the application of different judgments of the same case in judicial practice;on the other hand,because the provisions in theory are contrary to the value of marriage and family law of which the ethical value,It not only fails to protect the interests of the weak,but also destroys the balance of interests between husband and wife,especially the stability of marriage and family order.Under the background of increasing divorce rate and instability of marriage,how to establish a stable marriage and family system has become an urgent problem to be solved.Therefore,it is necessary to consider the value of personal injury compensation from a new angle of view as well as consider the compensation for them as the joint property of husband and wife,it also matches the corresponding management mechanism and relief mechanism so as to ensure the balance of interests between husband and wife in the harmony and stability of marriage or family order.The structure of this paper includes four main parts,a total of 25000 wordsThe first part,the controversy and legislative provisions in the theoretical circle of our country.This part introduces the dispute about the attribution of personal injury compensation in the theoretical circle,and the provisions of the current law of our country on this issue.The second part,the system deficiency of our country's marriage law and the problems existing in the judicial practice.By revealing the outstanding problems of the current system in legislation and judicature,this part discusses that the compensation for personal injury of one spouse in the Marriage Law is unreasonable for the personal property of husband and wife.The third part,the re-consideration of the value concept.This part first discusses the conflict between the current system and the concept of marriage value,then puts forward the guiding significance of reshaping the value concept and perfect the current system from the perspective of the common interests of marriageThe fourth part,the consummation of the attribution system in personal injury compensation of husband or wife.This part mainly puts forward the author's suggestions to solve the current problems,including the identification of personal injury compensation as the joint property of husband and wife,the increasing personal damages management provisions,the development of personal injury compensation division mechanism and so on.By supporting management system and relief system which can protect the treatment of the spouse in the injured party,it balances the interests of the husband and wife as well as maintains the order of marriage and family.