Research On The Compensation System Of Divorce Spiritual Damage In China

The divorce spirit damage compensation system was first established in the newly revised marriage law of China in 2001,Article 46 has been added” One of the following circumstances leads to divorce,The no-fault party has the right to claim damages:(一)bigamy;(二)Cohabitation with another person;(三)Domestic violence;(四)Maltreatment and desertion of family members.” This is in the legislative level to divorce spirit damage compensation system for the provisions,It is a great breakthrough in the legislation of marriage in our country,Not only perfect and perfect our country’s marriage relations legal system,It is also connected with the international marriage and family legislation,Has greatly improved our country marriage legislation level.But the system has been in place for more than a decade,Its judicial application is not satisfactory,The first is that the litigants make fewer claims,Secondly,the court has a strong proof of the evidence required by the claim,And the victim’s ability to collect evidence is limited,This leads to the victim’s legal rights and interests can not be fully protected by law,There has been some controversy in the field of theory and practice,Therefore,it is necessary to deeply discuss and reflect on the compensation system of divorce spiritual damage.This article will cover three major areas: Introduction,body and conclusion.The first part is the introduction,the author explains the background of this paper and the purpose and significance of the research,By sorting out the cases selected by Chinese referee documents online,As a research method,the author compares the wrongful behavior of divorce mental damage compensation and the judgment result of the court.The second part begins with the body part,First of all,the introduction is an overview of China’s divorce spirit damage compensation system,The theory of divorce spirit damage compensation system is studied,Specifically including the divorce spirit damage compensation system of the legislative value function of the legal nature and components to study.The third part through the case analysis and the divorce spirit compensation system theory analysis,Analysis of the problems in the compensation system of divorce spiritual damage in China,First,the subject of compensation is too single;Second,the application of compensation is too little;Third,the difficulty of proof;Fourth,the standard of compensation is not clear.The fourth part introduces the different legislative situations of the compensation system of divorce spirit in Japan,Switzerland,France and Taiwan,Summarize by analysis and comparison,Combined with China’s national conditions,Make every effort to put forward certain reference to our country legislation direction.The fifth part is the content collected by analyzing the full text,There are some unreasonable or omissions in the current law,Put forward some Suggestions for modification.First,Appropriately expand the scope of the main body of divorce spiritual damages compensation;Second,Expand the scope of application of the divorce compensation system for mental damage;Third,Perfect the proof proof system of divorce spirit damage compensation;Fourth,Clarify the criteria for the compensation of divorce spirit damages。...