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A Study of the Legal Application of Damages Compensation for Divorce

Author: WangMeiXia
Tutor: ChenJianMin
School: Tsinghua University
Course: Legal
Keywords: Divorce Damages Application of the law Judicial practice
CLC: D923.9
Type: Master's thesis
Year: 2005
Downloads: 481
Quote: 4
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Abstract

China's Marriage Law \\Basic knowledge of the science of civil law and the specific case, and to draw on the legislative experience of other countries and regions, and analyzes the meaning and content of our divorce damage compensation system established, emphatically demonstrated the presence of defects in the system, such as damage the subject of rights and obligations of the main range of the compensation is too small: laws are only limited to the main body of the damages in the marriage between the parties has not been given to other family members should have the right to claim compensation and third party liability investigated for destruction of marriage and family ; too narrow to bring damages: the law only requires that four of the case of divorce may be brought for damages: \the inclusion of serious harm to the circumstances of the marriage and family; proof difficulty too: all basic burden of proof to be borne by the innocent party, such cases secret determines the difficulty of obtaining evidence, resulting in difficult to get protection of the legitimate rights and interests of the innocent party ; The amount of compensation is not enough clear: none of the legal and judicial interpretations to regulate the amount of compensation, the amount of compensation disparities judgment in the judicial practice, the scope of the judge's discretion is too large, and so on. This article explores the practice still controversial issues, including whether other family members can claim their legitimate rights and interests in the divorce damages, a third party could become the main obligations of compensation, long-term act of adultery and mental violence in the end should be whether the column into the range of damages within the private forensics legitimate or not \Finally, some ideas for perfecting the system of divorce damages in China, involved broaden the scope of the divorce damages, expand the subject of rights and obligations of the main range of damages, as well as some other serious harm to the case of marriage and family should be included in can be filed within the scope of damages; perfect divorce damage compensation for the burden of proof of proper applicable fault presumption principle; clear damage to the scope of compensation for damages, including material damage compensation and spirit damage compensation, which the material damage has property damage and personal damage; regulation the amount of compensation, it is recommended that the development of the lower range of the amount of damages.

A Study of the Legal Application of Damages Compensation for Divorce

Abstract

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