离婚精神损害赔偿问题研究-民商法学专业论文.docxVIP

AbstractThe Abstract The divorce damage compensate is one一曲t relief system，it is to a non·mi stake spouse side receives the violation when the marital right the relief way，gi ves the victim the essential protection and the compensation，it is regarded as th e special damage compensate which in the relative law stipulated also is the non 。property damage compensate(including person harm and spirit damage compen sate)，it stems from the legislation fair principle，protects to the weak one，maInt aim is harmed side rights and imerests the system．Marriage taw”has for the fir st time established oBr country。S divorce damage compensate legal regime，the Su preme People’S Court about was suitable”Marriage law”certain question explanat ion generalissimo type to be clear about the divorce damage compensate includin g the material damage compensate and the spirit damage compensate．Therefore t his article draws up to divorces in the damage compensate the spirit damage CO mpensate question to Catty on the preliminary inquisition，embark from the divo rce spirit damage compensate concept，the divorce spirit damage compensate natu re，the constitution important document，the compensation scope determination all d the compensation standard carry on the analysis，the discussion divorce the spi rit damage compensate in the legal principle theory of law possibility and the pr actice necessity．The divorce spirit damage compensate，is refers to a spouse only then illegal violation spouse other SOUrCe the legitimate rights and interests，can seS the marriage ties to burst,when divorce receives the energetic benefit harm and the energetic wound to the non-mistake spouse．the civil liabilivy which the mistake spouse should undertake．The diVorce spirit damage compensate nature is the right infringement responsibility．Its civil liability constitution must simultaneou sly have has the legal illegal activity，has the mistake，has the harm fact,has th e causal relation and SO on four important documents．The