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Analyze on Compensation for Mental Distress Caused by Infringement on Spouse Right

Author: XuYingChun
Tutor: ZhangYan
School: Beijing Technology and Business University
Course: Civil and Commercial Law
Keywords: Infringement Spouse right Compensation for moral damage
CLC: D923.9
Type: Master's thesis
Year: 2010
Downloads: 84
Quote: 0
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Abstract


Spouse right is not just about the stability of marriage and family relations , a certain degree of effect on the building of a harmonious society , therefore , more and more emphasis on the protection of the spouses the right to marriage and family legislation in modern countries , our current Marriage Law \to some extent, given the right spouse protection , but its prosecution standard is too high, the scope is too narrow defects such spouse the right to be protected in our country is difficult to fully , and thus against the spouse right up from the theoretical study of moral damage the issue of compensation has become a new theory and judicial practice of the spouses the right to protect the urgent need to overcome the theoretical and technical problems . Therefore, comparative analysis and empirical analysis to explain the theory as a central theme , based on our existing norms and judicial practice , learn from foreign advanced legislative and practical experience at the same time , four chapters against spouse right mental damages to elaborate research . The Preface main topics of background , the significance of the study and this research method . The first chapter introduces the concept, characteristics and function of damages against spouse right spirit . The second chapter analyzes the defects of the spirit of the current legislation infringed spouse rights damages . The third chapter describes the relevant foreign legislation and regulations of significance in China . The fourth chapter focuses on the Perfection of Legislation and recommendations of infringement spouse right mental damages issues .

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CLC: > Political, legal > Legal > Chinese law > Marriage Law
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