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The Discussing of Compensation for Mental Damage of Divorcement Result in Domestic Violence

Author: DengLi
Tutor: ShiXianQun
School: Southwestern University
Course: Civil and Commercial Law
Keywords: Domestic violence Compensation for mental damage of divorcement Sexual violence Mental violence Rape in wedlock
CLC: D923.9
Type: Master's thesis
Year: 2009
Downloads: 118
Quote: 2
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Abstract


Marriage and family is the most fundamental cell and the most universal relationship of the society.It refer to the politics,economy,science technology,customs, psychology,history,ethics and so on,and the fast development of the Socio-economy,and interact each other with the development of the society.The looking forward to a better life of the family would been destroyed,Family would broken down,and would even induced crime and caused instability of the society if domestic violence envelop the family.Be Legal illegal activities domestic violence seriously violate healthy right,personal rights,right of sex freedom,right of freedom mental right of personality and so on of the victims.In particular,different form of violence,for example mental violence and sexual violence,effect the healthy development of marriage and family in different extent.So our law should protect right of the victims instead of stand by.The victims should be supported if be violated by physical violence,sexual violence,mental violence and bring up compensation for mental damage of divorcement.This paper divide in to four chapters,and discuss some concerning and specific problem of compensation for mental damage of divorcement result in domestic violence.The first chapter of the paper will discuss concerning theory of domestic violence. To begin with,I will discuss the concept and the definition of domestic violence,and compare the different legislation between China and abroad,Thus perfect the definition of domestic violence.In addition,I will discuss the classification of domestic violence, thus classify domestic violence as physical violence,sexual violence,mental violence. At the last,discussing the relieving by law of domestic violence.The second chapter will summarize the compensation for mental damage of divorcement,and specially introduce the concept,substance,character,function,clams application time,legislation,development,present study of the compensation for mental damage of divorcement,aim to perfect Chinese system of compensation for mental damage of divorcement by introduce the advance legislation abroad.The third chapter will discuss the problem of the compensation for mental damage of divorcement result in domestic violence。First,I will discuss the value of legislation of the compensation for mental damage of divorcement result in domestic violence.Perfect the right and profit of litigant,enhance marriage freedom and restrain domestic violence is the essential value.Thus,meeting the need of perfecting law of marriage and legal practices.Second,I will divide the compensation for mental damage of divorcement result in domestic violence into four traits that special subject,special object,special violating law and causality of violating right and consequence.Last,I will discuss five constitutive requirements of compensation for mental damage of divorcement result in domestic violence,which is violating law,consequence,mistake, deliberately subjective,divorcement.The forth chapter will give some suggests about how to perfect compensation for mental damage of divorcement result in domestic violence in China,which include four items.First,expanding the.extent of domestic violence which add sexual violence and mental violence.In other word,victims could claim compensation for mental damage of divorcement when suffering sexual violence and mental violence.Second,adding raping in wedlock to sexual violence,victims could claim compensation for mental damage of divorcement violated right of sex freedom for the cause of action when raped in wedlock.Third,victims have to collect and keep evidences by themselves.In one hand,government should enhance propagation,in the other hand,I take the point that it is more appropriate to accept the system of inversed burden of proof.Forth,I will give eight suggests of concerning factors of the amount of the compensation for mental damage of divorcement result in domestic violence,which is the extent of the mistake of the partner;The extent of mental damage of the victim;The extent of mental damage of the other members of the family;The special details of violence,for example,when where and how the economic condition of the partner;the individual condition of the victim;the average live condition of where be by the Court of Appeal;the period of marriage.

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