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Divorce Damages System

Author: WangXinYu
Tutor: DuJiangYong
School: Southwest University of Political Science
Course: Legal
Keywords: Divorce Fault Divorce damage compensation Compensation for mental damage
CLC: D923.9
Type: Master's thesis
Year: 2011
Downloads: 129
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Abstract


The marriage law of 2001 (Amendment) Act establishes the system of divorce damages,protection fault parties rights greatly. But in practice,due to the content of the present system of divorce damages crude,result in insufficient role play. This article for instance for foothold,through the analysis on system theory. proposed discussion on the legislative defects of the existing system of divorce compensation in China,Recommendations made perfect,look forward to excellent results.In addition to introduction,this article is divided into four parts,a total of about 20,000 words.Introduction. This part is mainly explanation theoretical significance and practical value of topic selection;Survey of study on introduction;Introduction this article writing featuresetc.The first part: Its case. This section is to introduce origin of the case,more case,client action request and excusing,court hearing.The second part:Case of major disputes and disagreements focus. This section is to introduce parties of the case for case facts and reasons for the disputes and differences between the legal issues.Leads the discussion on this article’s specific issues.The third part:Review and interpretation .This section includes four main areas of content. A : Overview of the system of divorce damages. Mainly introduces the concept, characteristics, the nature of legislative significance;B:Legislation of the system of divorce damages cases. Mainly to foreign and our country Hong Kong and Macao, the Taiwan area related legislation carries on quite studies;C:Analysis of the system of divorce compensation in China. In view of this system compensation’s scope, the liability of compensation main body, divorce damage compensate request power’s exertion and in this system reality’s insufficiency carries on the analysis;D:Recommendations on improving the system of divorce compensation in China. This section with the judicial practice. Insufficient for the system in practice from the scope of the offence, the burden of proof and mental damage compensation standards related to three areas of legislative proposals. The fourth part:Conclusion .This section summarizes the full text. The legal relationship which involves regarding the case made had recognized. Undertook regarding the related responsibility has carried on the summary.

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