Dissertation > Excellent graduate degree dissertation topics show

The Study of Damages System of Marital Relations

Author: XingXiaoGang
Tutor: LiuHongWei
School: Shandong University
Course: Legal
Keywords: the divorce damages system the liability of tort The presumption of fault the damages for spirit
CLC: D923.9
Type: Master's thesis
Year: 2010
Downloads: 169
Quote: 1
Read: Download Dissertation

Abstract


April 28,2001, after the promulgation of amendments to the new "Marriage" formally established a divorce damages system, which clarified the subject exercising the right to request for damages for divorce, the subject bearing the main responsibility for compensation, the scope and composition of elements for damages. In judicial interpretation of Supreme People’s Court the damages for spirit in the divorce has also been explicitly included. The establishment of the damage compensation system is a significant progress in China’s legal construction of marriage and family. Since the implementation of the Act, the system has played an important role in violations of sanctions against marital relations, compensation subject to the legitimate rights and interests against one of the spouses and been of great significance to the maintenance and protection of marriage, family and social stability. However, with the further development of the socio-economic and cultural and legal construction, the further integration of judicial practice and theory of marriage and family law, the divorce damages system is gradually becoming less exposed, in the law applies also revealed many problems, far from being able to meet the judicial practice.The discussion in this paper includes not only the divorce damages system, but also more content. It is necessary to build sound system of damages in the marital relationship. First, liability for damages should be the nature of the marital relationship characterized as tort liability. We should clear understanding of marriage and the marriage system, the nature of damages for the legislation and practice guidelines in the right direction. Second, fault presumption should be introduced into the field of marriage and family system damages. Third, the marriage damages claim including an additional claim for damages, can be exercised by not only a spouse but also the other aggrieved family members within a certain range. Fourth, it should be recognized as tort liability indirectly prejudice to the compensation of marriage to explore the fault of a third party liability for damages as a marriage and the feasibility of the main body. Last, to further improve the marriage, the content of moral damage compensation system, a better play to the spirit of the soothing effect of the system.

Related Dissertations

  1. Divorce Damage Practice Research,D923.9
  2. On Principles of Assumed Liability for Damage of Complications,R-051
  3. Some Questions of the Right to Life Damages System in Our Country,D923
  4. Identification of divorce damages and operation,D923.9
  5. On the Civil Liability of Infringing upon Intellectual Property Rights,D913
  6. A Study on the Civil Liabilities of Securities Insider Trading,D922.287
  7. Employer’s Liability,D923
  8. Criminal Victims mental damages,D923
  9. On of divorce damages the scope and application of law,D923
  10. Divorce Damage Compensation System,D923.9
  11. On the presumption,D915.1
  12. Patent infringement research,D913
  13. The Study on the Civil Liability of Human Organ Transplantation,D923
  14. On the Compensation System of Divorce Spiritual Damage,D913.9
  15. On the Strict Liability of Criminal Law,D924
  16. Study of Copyright Infringement under P2P Technology,D923.41
  17. The System of the Third Party’s Infringement of Creditor’s Right,D913
  18. The Advantages and Disadvantages and Improvement to Apply the Principle of Fault Presumption of China’s Accident Liability Compulsory Insurance,D922.14
  19. Infringement of the right to personal liberty Responsibility Research,D923
  20. On Tort celebrity endorsements door event,D913

CLC: > Political, legal > Legal > Chinese law > Marriage Law
© 2012 www.DissertationTopic.Net  Mobile