| Domestic violence compensation in divorce cases refers to the liability for damages undertaken by the part who committed domestic violence proposed by the victim according to law under the condition of divorce.After the promulgation of China’s civil code,article 1091 stipulates the application of the divorce damage compensation system in the form of "enumeration and generalization".Although it mentions that the innocent party of the marriage who commits domestic violence can claim divorce damage compensation,there are only five relevant legal provisions involved,and the expression of the provisions related to domestic violence is relatively vague.The above situation leads to the fact that it is difficult to realize compensation for damage caused by domestic violence in divorce cases in practice.In addition,with the increasing number of divorce cases and the improvement of human rights protection system in recent years,a relatively perfect judicial interpretation or norm is urgently needed in practical application of divorce damage compensation to promote the resolve of marriage and family related issues in China’s civil code and maintain social harmony and stability.Several relatively typical cases were mainly selected in this paper,that is,if the violent injury caused by one party to the other in marriage,the injured party can request the fault party to bear the liability for damages while proposing divorce.Find problems from the cases,analyze and study these problems with existing laws and regulations,and find out the controversial points and key and difficult points,and finally put forward the improvement methods of domestic violence damage compensation for these problems.This paper is divided into three parts:The first part: In this part,through the statistics of divorce cases in China judicial document network in recent ten years and the analysis of the relevant cases involving domestic violence damage compensation,and the research and combing of the nature,quantity,scope and judgment results of this type of cases,the basic theory of violence types and the divorce damage compensation system are analyzed and discussed.The second part: this part focuses on the analysis of the relevant problems encountered in domestic violence compensation in divorce cases in China,studies and analyzes the application of divorce compensation system,compensation standard and procedural relief and illustrate the current legislative situation of divorce cases in China and the relevant defects of divorce damage compensation system,and then analyzes the value of divorce damage compensation system from the perspective of personality right.Finally,it also discusses that basic respect and protection of human rights,equality between men and women and fairness and justice are the moral basis required by the state.These values,whether independent individuals or existence and dissolution of marriage,are the moral standards that human beings should follow togetherThe third part :In view of the above problems,the legal countermeasures on how to improve the damage compensation system of domestic violence in divorce cases in China were put forward in this part including establishing the type standard of domestic violence,defining the type of domestic violence,determining the scope of damage compensation,refining the amount of spiritual damage compensation,and improving the distribution of the burden of proof between the subject of compensation and the victim.The other economic protection measures against domestic violence in the current society were discussed in this part;It is suggested to improve the legislative countermeasures and judicial measures of divorce and domestic violence damage compensation system.It is suggested to improve the legislative countermeasures and judicial measures of divorce and domestic violence damage compensation system when conditions permit. |
