Research On The System Of Mental Compensation For Divorce In China

As an effective remedy for the victims of tort in divorce proceedings,the compensation system of divorce spiritual damage can effectively protect the legal rights of the weak party in marriage,which is of great significance to the marriage parties who suffer severe mental injury caused by trauma in marriage.With China's economic and social development,people's world outlook,the outlook on life,values the formation of the diversified trend,our country residents of marriage and family values have changed dramatically,due to the fault of one party to the rising divorce rate,the system of mental damage compensation divorce marriage can't adapt to the needs of residents in our country and needs adjustment to be further perfected.This paper is aimed at perfecting the compensation system of divorce spiritual damage.Firstly,analyzes the connotation and the value of the spirit of divorce damage compensation system,thought that as a special system of civil damages,mental damage compensation divorce refers to have behavior like bigamy,cohabitation with others,family violence and other serious damage to the spouse rights during the marriage,and finally lead to divorce,one of the parties can not only achieve material damages compensation but also give the compensation for mental damage;Specific torts,the occurrence of damage results,causal relationship,the existence of subjective fault is the spirit of divorce compensation elements.Secondly,analyzes the current situation of the compensation system of divorce spiritual damage in China,considers that the main problems are the narrow application scope of compensation for divorce spiritual damage,the difficulty of proving for the injured party,the single subject of compensation obligation,the severe form of fault identification and the low compensation standard.Thirdly,studies the divorce spiritual damage compensation system in countries with relatively complete construction,such as Japan,the United States and France,and draws lessons from their national conditions.Finally,on the basis of the current spirit of divorce damage compensation system in our country,put forward Suggestions to improve the system of divorce compensation for mental injury,including moderately expand the applicable scope of the mental damage compensation system of divorce,reasonable distribution of burden of proof of divorce spiritual damage compensation system,increase the joint's damage compensationliability,relaxing divorce spiritual damage compensation system of fault liability and raise the standards of mental damage compensation system of divorce.