Research On Mental Damage Compensation For Infringement Of Spouse Rights

The development of divorce damages compensation system in our country isrelatively late,so many regulations are still in the exploration stage.What is theinfringement of spouse rights,and the regulations on spiritual damagescompensation for infringement of spouse rights are even more incomplete.The "Marriage Law" stipulates that when applying for divorce,the subject whorequests compensation for mental damage must have one spouse who isdivorced without fault and there are only four cases,which greatly limits theapplication of this provision.At the same time,in terms of the amount ofcompensation for divorce mental damage and property disposal,the judicialpractice is also unsatisfactory.In judicial practice,compensation is generallybased on personal damage and mental damage,but the amount of compensationis generally 20,000 to 50,000,which is not in line with the actual needs of real lifeand cannot give sufficient compensation to the injured party.It seems that it isonly an external expression of spirit and does not reflect the due punishment tothe fault party.However,there are also great limitations in the determination offault.There is no uniform standard.It seems that all kinds of statements are notsatisfactory as to what kind of behavior is considered a fault.In order tostrengthen the protection of the aggrieved party,the ways of infringement shouldbe clarified and the ways and contents of compensation for mental damagesshould be expanded.In the identification of fault,we should further clarify whatis fault,take care of the innocent party in the distribution of property,improvethe scope of compensation for mental damages and adjust the amount ofcompensation appropriately,so as to make the marriage law more suitable forChina's economic and social development and promote the harmony and stabilityof our society.For the third party who has intentionally violated the spouse'srights,it should be included in the scope of damages compensation conditionallyto strengthen the protection of China's socialist marriage relationship.The article mainly wrote the following aspects:The first part of the article starts with the development of spouse rights,introduces the changes of the specific content of spouse rights,and then based onthe current social environment,specifically analyzes the definition of specificcontent of spouse rights by different scholars.Through careful identification ofthe spouse's rights,the foundation is laid for what acts constitute infringement ofthe spouse's rights.According to different viewpoints,the specific content of theright to spouse includes 15 specific rights,8 specific rights and 4 specific rights.The article holds that the scope of the right to spouse should be limited to whatthe right may cover,and common rights such as mutual loyalty and cohabitation,etc.As well as other neighboring rights,although not particularly clear,arenecessary for the integrity of rights.The second part of the article mainly introduces the definition of faultnature of infringement of spouse rights.This paper makes a concrete analysisfrom two aspects: the fault identification of infringement of spouse's rights inChina's marriage law and the fault constitution of compensation for mentaldamage to the spouse at fault.The definition of the fault nature of the act ofinfringing the spouse's rights is: firstly,it can be clear what kind of act is the actof infringing the spouse's rights,for example,one spouse violates the faithfulobligation of husband and wife,infringes the other spouse's rights,or a thirdperson helps the spouse to violate the other spouse's spouse's rights,causingserious property losses to the other party.Secondly,it can provide theoreticalbasis for us to study divorce mental damage compensation cases against spouserights infringement,whose case evidence should be submitted by the plaintiffand the defendant.The third part of the article tells about the shortcomings and deficiencies ofChina's provisions on compensation for mental damages for infringement ofspouse's rights.There are mainly the following problems: the provisions of themarriage law cannot adapt to social development,the scope of the provisions oncompensation for mental damages is too narrow,the amount of compensation formental damages cannot fully reflect the legislative value,the preconditions for the liability of the spouse at fault are too limited,and the provisions on theburden of proof limit the protection of the rights and interests of the injuredparty.The fourth part of the article compares the foreign judicial practices oncompensation for moral damages for infringement of spouse's rights.The mainreason is that China's marriage and family system has developed relatively lateand many problems are still in the exploratory stage.Therefore,it is necessary tolearn from the positive practices of other countries and regions in order tofurther improve China's legislation.The fourth part is based on domestic andother countries and regions,exploring the different judicial practices of differentcountries and regions on divorce spiritual damage compensation cases thatinfringe the rights of spouses.For example,Germany,Japan,France and othercountries have adopted a recognition attitude towards the acts of the third partyin helping the infringement in the judicial practice,recognizing that the thirdparty should bear the responsibility.China's judicial practice is still insufficientand needs further improvement.The fifth part of the article puts forward suggestions to perfect thecompensation for spiritual damage that infringes on the spouse's rights.According to the deficiencies of the provisions on compensation for divorcespiritual damage that infringes on the spouse's rights in the current marriage lawof our country mentioned above,and the reference to judicial practice in othercountries and regions,relevant suggestions are put forward.It mainly includes:perfecting the system of compensation for spiritual damages caused by divorce,clarifying the position of spouse rights in the marriage law,expanding the subjectof compensation for spiritual damages caused by divorce,establishing a legalrelief system under the maintenance of marriage relationship,increasing theamount and scope of compensation for spiritual damages,and conditionallyincluding legal liability to the third party.It is hoped that this suggestion willprovide some help to the provisions on compensation for spiritual damages indivorce that infringe on the rights of spouses in China's marriage law.