Research On The Compensation For Mental Damage Under Fraudulent Rearing

Fraudulent rearing,as a scientific concept,has been increasingly adopted by the legal practice community.The attorney will highlight the illegal existence of fraudulent upbringing in the proxy to help the injured party claim the damaged rights and interests;the judge will also clarify the composition of the fraudulent upbringing in the civil judgment in order to achieve the purpose of fixed interest and discord.The fraudulent upbringing in this article refers to the woman’s sexual relationship with a third party and causing pregnancy and childbirth.During the period of cohabitation,husband and wife relationship,and even after the end of the relationship,the woman and the third party deliberately or negligently caused the man to think that the child is the child.Raising children by birth.This article starts from the perspective of the victim’s moral damage compensation in the case of fraudulent upbringing,studies typical cases,analyzes the current legal situation,and conducts an analysis of the problems.The cause,the subject of compensation,the subjective state of the actor,and mental damage in the field of fraudulent rearing mental damage compensation As a result,the compensation standards for solace payments have been standardized,aiming to promote the spiritual rights and interests of victims under fraudulent support in China.Except for the introduction and conclusion,the main content of this article consists of four parts,as follows:The first part introduces four typical cases of fraudulent upbringing in judicial practice.By analyzing the commonality and personality between similar cases,comparing the reasoning content of the court judgment,the case is analyzed from an overall perspective,and the preliminary research on fraudulent upbringing in China is proposed.A series of problems in the field of judicial compensation for mental damage.The second part is based on the related issues involved in the above case,and comprehensively explores the legal principles such as the meaning,legal nature,and infringing fundamental rights of fraudulent maintenance.Legal support.The third part focuses on the analysis of the legal status of compensation for mental damage under fraudulent upbringing in China from the perspective of legislation and justice.Based on the current legal status,it combines the practical problems of trials that have been cited earlier to address the field of compensation for mental damage under fraudulent upbringing in China.A new round of in-depth analysis of the existing problems has been launched.The fourth part is based on the issues mentioned above in the field of compensation for the compensation for mental damages.The reasons are not clear,the biological father’s liability is unknown,the subjective fault is determined differently,the burden of proof of the facts of mental damage is different,and the standard of compensation for mental comfort is inadequate.,Focusing on suggestions to deal with the problem.