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The Analysis of the System of Compensation for Divorce Damage

Author: XuFei
Tutor: HuangWeiDong
School: Shenyang Normal
Course: Legal
Keywords: Damages Divorce The burden of proof Application of the law
CLC: D923.9
Type: Master's thesis
Year: 2010
Downloads: 212
Quote: 0
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Abstract


Divorce damage compensation system for China 's Marriage Law Amendment newly added content , as a right relief system to make fault lead to divorce party liable for damages to the innocent party , so that the legitimate rights and interests of the parties to the marriage to get a clear legal protection . With more adequate legal basis in the provisions of the system to make up a gap on China's Marriage Law , the law on the protection of the legitimate rights and interests of the parties to the marriage further , the judiciary related cases referee , is more advantageous from the legal channels protect the legitimate rights and interests , reflecting the progress of our marriage and family legislation . As a new legal system is still immature in many ways , many of the flaws and shortcomings prominent in judicial practice remains to be improved . System analysis, the system first part of the thesis overview of the system of divorce damages , mainly from the meaning of the Divorce Damage divorce damages the nature of the world system of divorce damages Legislation Overview and establish divorce damages Legislative Value some basic issues were discussed . The second part analyzes the current structure in Divorce Damage Compensation System . First, the analysis of the constituent elements of the divorce damages in China ; Second, to explore the application of the system of divorce damages the subject , then clarified in Divorce Damage Compensation System Scope of application ; Finally, to further define the time of the divorce claim for damages filed . The third part analyzes in Divorce Damage Compensation System in some of the existing problems and the corresponding recommendations . First pointed out that divorce damages the legal situation was too narrow , and proposed that the burden of proof is difficult and hindered the large number of victims of spouse really get the spirit of compensation and divorce damages standards is not clear . And put forward some recommendations to solve the problem . Should first increase the scope of the right to bring a divorce damages , Second , we propose to reduce the innocent party the burden of proof and legal evidence should be clearly defined pathways , and finally pointed out that the amount of damages should be clear that the spirit of the divorce . Hope to provide a valuable reference for future issues related to research to guide practice .

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