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How to compensate for divorce damages

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How to compensate for divorce damages


        

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  • 2024-06-26 10:01:43

    With regard to the discussion on the divorce damage compensation system, many people argue that the marriage law should be designed as a soft law, and the coarser the better. From the just abolished judicial interpretation that the division of husband and wife's common property should take care of the innocent party, to the provision that the party in difficulty should be given economic assistance still remains in the new Marriage Law, we can see that, The unique culture of marriage in China affects legislators who are not only unwilling to involve the law too much in the field of marriage and family, but also unwilling to use the language of the law to regulate. They expect that under the abstract legal rules, the judge will leave the case to his discretion based on social advantages and personal moral awareness, There is a certain truth in this view of giving the parties in the marriage and family relationship the most thoughtful humanistic care. However, the law is a code of conduct and judgment that should be observed. If the rules are uncertain and the nature is vague, then the law may not be able to care for or help in the actual application process, precisely because of the lack of responsibility mechanism, the Marriage Law The newly amended Marriage Law, which has always been criticized as the worst law in the system of law, introduced compensation into the articles of the law and added divorce damage compensation system, which is a major measure of this amendment to the Marriage Law. It not only strengthens the spirit of marriage law, improves the legislative style of marriage law, but also, It also finally gave the parties a clear legal basis for seeking relief. The chapter on legal liability of the amendment stipulates that if one party divorced due to bigamy, domestic violence or other acts of maltreatment of family members, or abandonment of family members, he has the right to claim damages without fault

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    2024-06-26 10:01:43

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