The Study On Damage Compensation System In Marriage And Family Law

The family is cell of society. It is important to the stability of society. Therefore, all of the countries in the world pay great attention to adjust the marriage relation by the law. Traditionally tort suits between closely related persons should not be allowed, that is, the spousal tort immunity. Nowadays, it has been eliminated. The system of divorce damage established in our country in 2001 year, but it has many limitations, and it is only one of the types of marriage family damage. Therefore, perfect damage indemnity ought to be applied in marriage family. There are 5 parts in all.Preface tells the author's motive and aim of choosing this topic.Part one .The functions of the damages system. It has three main functions: the function of compensation, punishment, education and prevention.Part two. Application of the damages system within the marriage and family law. There are 3 sub-groups in this part, which elaborate the damage indemnity's concrete application on invalid and be-able-to-be-quashed marriage, on-going marriage and on divorce. Firstly, when void and voidable marriage are voided , the damages institution ought to be apply with. Introducing some countries and areas' legislations about this problem and puts forward suggestions to establish the system of damage on invalid and be-able-to-be-quashed marriage. Secondly, it discusses the application of damages institution in the on-going marriage. Studies show a shockingly large incidence of domestic violence appearing, so the victims shall be remedied by the damages. Thirdly, it dwells on the application of damages institution on divorce. Introducing some countries and areas' legislations about this problem, and review over the present situation of divorce damage system in China, and tell limitation about the system ,at the same time ,the author puts forward suggestion to amend the system of damage indemnity on divorce. Part three. The requirements of the liability of damage indemnity within marriage and family law, it holds that the requirements of the damage indemnity within marriage family have little difference with the requirements of the common civil damage indemnity, which includes 4 requirements(1)behavior of breaking the law,(2)losses and harm ,(3)fault,(4) causal connection.Part four. Rule of application of damage indemnity within the marriage and family law. In this part, considerating the character of marriage family, and from the angles of subjects of the damage, the scope and manner of damages, the author elaborates the rule of application of damage within marriage family.Last. The author elaborates the significance of establishing the perfect damage system within the marriage law.