离婚损害赔偿 英文参考文献谁知道?我要 英文的

离婚损害赔偿 英文参考文献谁知道?我要 英文的
离婚损害赔偿 英文参考文献
谁知道?我要 英文的

离婚损害赔偿 英文参考文献谁知道?我要 英文的
divorce damages system
　　Divorce damages system is the spouse of one spouse against the law the legitimate rights and interests of others, led to the breakdown of the marriage at the time of divorce, the spouse at fault for the innocent spouse suffered material and moral damage to bear civil liability legal system.
　　April 28, 2001 for implementation of the revised "Marriage Law of the People's Republic of China" provisions of the new system of divorce damages.
　　Article 46 of the Act provides that: as a result of bigamy, cohabitation with others in the spouse, domestic violence, abuse, abandonment of family members as a result of divorce, the innocent party has the right to claim damages.
　　This is adapted to the new situation of China's adjustment to divorce the relationship between the needs of new situations, reflecting the wishes of the broad masses of the people and is conducive to safeguarding the legitimate marriage, the protection of the innocent party's legitimate rights and interests of the innocent party of sanctions violations.
　　Divorce damages the system reflects the country's economic and social development have entered a new period after the marriage and family relations of the practical requirements.
　　The establishment of a divorce damages is to strengthen the socialist legal system, improve China's legal system needs a divorce is a divorce under the new circumstances to protect the legitimate rights and interests of the parties needs of the judiciary to make laws bell.
　　Divorce damages the establishment of the system, is of great practical significance, it reflects the essential requirement of the obligations of marriage, a marriage party a clear commitment by the moral obligations and responsibilities of marriage; marriage for the innocent party's legitimate rights and interests provided legal protection Effectively curbed bigamy, cohabited, and other illegal acts, and thus achieve the maintenance of marriage and family stability and social stability of purpose; improve its legislation to make marriage law from a different perspective on marriage violated the rights of the regulation violations, norms and sanctions As a result, China's divorce legislation more scientific and feasible, and with the international community into line with legislation.
　　Divorce, civil liability for damages shall be constituted at the same time there is a legal offense, the fact that there is damage, there is a causal relationship, there are four elements of subjective fault. To assume responsibility for damages is the fault of the principle of attribution of responsibility for violations and the fact that damage to the causal link between presumed to be.
　　Divorce as a civil liability for damages and relief measures for divorce, the main function is to fill the damage, mental Wei Fu, prevention and sanctions violations.
　　Divorce damages the legal reasons, including bigamy, cohabitation with others in the spouse, domestic violence, abuse, abandonment of family members as a result of divorce, and so on.
　　Divorce damages claim is limited to the main body of the innocent spouse.
　　Divorce damages the exercise of the right to request time, in favor of the author, not only can be made at the time of divorce, or after a divorce, but the statute of limitations to 1 years.
　　The basis of the Supreme People's Court "on the application of the several issues (a)" of Article 30 provides that in reality the exercise of the right to request a divorce damages should distinguish between the following circumstances:
　　First, in line with the "Marriage Law" Article 46 provides that the innocent party to the People's Court as a plaintiff's damages request must be filed with the divorce proceedings at the same time, that is, claims to be in the clear, the people's court ruling in divorce Together to make a ruling.
　　Since the People's Court accepted the divorce cases have been associated with the rights and obligations of the parties in writing inform the parties, not the plaintiff's request, as for the right to give up on and lose the right to claim damages.
　　The plaintiff in the divorce proceedings, even made a request for damages, but the ruling People's Court allowed the divorce, the parties request the right to exist as a result of the loss can not be the basis of support.
　　Second, in line with the "Marriage Law" Article 46 provides that the innocent party as a defendant in divorce cases, if the defendant agreed to a divorce, in divorce proceedings for damages; If the defendant does not agree to divorce, which is not based on prejudice against The request for compensation, after a divorce can be on this year filed a separate lawsuit.
　　Third, the innocent party as a defendant in divorce cases, the first trial was not based on the "Marriage Law" Article 46 provides for damages at the request put forward by the second instance, should be the people's court mediation, conciliation fails, the parties may, after a divorce During the year further prosecution.
　　Divorce assume the main responsibility for damages can only be illegal and result in the implementation of legal divorce, the spouse at fault.
　　With regard to divorce damages the application process, the new "Marriage" Law.
　　The author believes that divorce damages not only apply to the administrative procedures for registration of divorce, but also in the process of divorce proceedings.
　　Because, based on the private nature of the marriage law, divorce, the couple agreed that the administrative cases, if the two sides on the issue of damages divorce agreement has been reached, the law should respect the will of the parties do not have to intervene; if the two sides on the issue of divorce damages can not reach an agreement , Through divorce proceedings, the people's court ruling in accordance with the law.
　　Divorce damages should include physical damage and mental damage.
　　Divorce, civil liability for damages should be the way Jiancai property and responsibility of non-responsibility of the property in two forms.
　　Divorce damages by the amount of the couple consult if they fail to reach consensus, at the discretion of the judge.
　　Divorce damages payment of the way, I believe that the couple may be consulted if they fail to reach consensus, the people's court ruling.
　　Divorce damages should in principle be a one-time payment. If there is a one-time payment difficulties can be paid in stages.
　　Payment of installments, the right to request, the court may order the obligation to provide collateral or guarantee the signing of the contract guarantee to guarantee payment obligations.
　　In short, divorce damages in the Chinese system of divorce as a measure of relief system is to protect the legitimate rights and interests of a marriage party needed a final barrier.
　　Divorce damages the establishment of a system so that no-fault divorce when one spouse to be in material compensation, fully embodies the "Marriage Law" on the side of the victims of concern and protection.
　　However, China's divorce compensation for the damage is still a lack of practical experience, in theory, many related issues can not form a unified opinion, the legislative inevitably inadequate.
　　In order for the divorce damages the system more fully to fill the moral damage, to console the injured party to fill the loss of property, the function of sanctions innocent party in a divorce damages the way of evidence, as well as damage to the spirit of the solatium provisions in areas such as the need to further supplement And improved.
　　With the increase in judicial practice and in-depth study of the theory, China's divorce compensation for damage to the system will become more perfect marriage of the legitimate rights and interests of the parties will be more comprehensive protection.