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Research of Compensation for Divorce Damage Institution

Author: ZuoShu
Tutor: WangYanMing
School: Jilin University
Course: Legal
Keywords: Divorce damages Damages for Divorce Constituent elements Infringement
CLC: D923.9
Type: Master's thesis
Year: 2010
Downloads: 597
Quote: 0
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Abstract


In a new period of rapid economic development in China, the party's Fourth Plenary Session of the new concept of \If you say that society is an organism, the family is the organism smallest cell, if all marriages are happy, the family is happy, then the society will inevitably be harmonious. From ancient times, happy family, a happy marriage is everyone's pursuit of life, real life, however, is often not satisfactory, especially since the beginning of the 21st century, with the development of socio-economic, traditional family values ??is increasingly being challenged, domestic violence, third party interference, the phenomenon of \To solve these problems, China's newly revised \However, in the specific application, but there are many problems, divorce the innocent party really get compensation cases are rare, and therefore needs to be improved. This article intends to start from the concept of divorce damages the system, through the introduction of extraterritorial countries Divorce Damage analyze the the divorce compensation system Components and scope of compensation for the inadequacies of the system requirements, improve our divorce damage the recommendation of the compensation system to our Divorce Damage Compensation System do their Mianbaozhili. The article is divided into five parts to be discussed: The first part is divorce overview of damages. In this section, first proposed the concept of divorce damages, spouse divorced damage compensation, the innocent party or smaller fault direction on the request of a party to the divorce responsible. A detailed analysis of the legal characteristics of the damages, statutory, relief, punitive and functionality, namely the compensation function, the spiritual comfort features, sanctions and warning, prevention of illegal function. The second part of the divorce damage compensation system extraterritorial legislation. In this section, I selected the world's divorce damage compensation system requires a relatively complete several countries and regions such as France, Switzerland, Taiwan, China, Macau, divorce damage compensation system requires the introduction of national and regional analysis What they all have in common, advocates of its reasonable portion can reasonably draw. The third part is the constituent elements of the divorce damages. Divorce and general civil liability for damage compensation for damages constituent elements are basically the same constituent elements, including violations, damage to the facts, subjective fault and causality. I also from the four constituent elements, analyzes the civil law through the four elements and divorced four elements of damages similarities and differences. The fourth part is the responsibility of divorce damages. Civil liability, the liability for damages is divided into-material damage liability, compensation for moral damage and other responsibilities form of divorce damages no exception. The part from the three aspects, analyzes the innocent party in the divorce should be given compensation for the innocent party, advocate divorce damage compensation should be traditional simple material compensation expanded to include material damages, compensation for moral damage and other methods of compensation , in which non-property damage and the difficulty of divorce damages the principle of compensation and reference factors do analysis, advocates should refer to the infringer's degree of fault, violations and occasions, where the victims of the condition of the region, considering each of factors, the basic principles of the use of damages judgment. The fifth part of Divorce Damage Compensation System. That part is also the focus of this article. In this section, I first introduced the current provisions of the divorce damages in China, which is the \, analyzes the shortcomings in the provisions: divorce claim for damages subject of rights too restrictive divorce damages applicable to the case is too narrow, the nature of the divorce damage compensation claims filed at the time can not be determined, the indulgence of the third the responsibility of accountability, lack of divorce to determine the amount of damages to the innocent party the burden of proof in cases of divorce damages remedies difficult, given the judges too much discretion, \the situation in the judicial practice is difficult to grasp. According to the inadequacies of the proposed legislative proposals to improve our divorce damages: clearly divorce the main responsibility for damages, violations statutory circumstances such as increasing one spouse the violations committed adultery with others, a third party intentionally cohabiting with others tort clear divorce damage compensation standard to determine and obtain evidence and make a claim for perfect time.

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