Monday, June 22, 2009

Divorce Cases

April 28, 2001 revision of the Marriage Law, the establishment of a divorce damages system. However, due to China's divorce damages system started relatively late, but the law is too simple, so its legislative there are still many shortcomings in the judicial practice there are still many problems. After the study in recent years, China's scholars have put forth a lot of damages on improving the divorce system. These proposals mainly from the perspective of the legislative, judicial practice from the standpoint of the few. And that some of the proposals themselves there are still some problems, many do not meet the actual situation. For example, some scholars have put forth the spirit of violence should also be classified as damages for divorce cases in China's quarrel between husband and wife were the majority of people believe that the family chores, even very serious quarrel they do not involve physical confrontation would be considered a normal thing Therefore, the spirit of violence will be classified as damages for divorce cases in China is not going to work. Some scholars also suggested that the divorce damages to the amount specified, but the reality is changing, this method can not all cases are to be provided. I believe that in order to better improve our divorce damages to the system should proceed from reality as the prerequisite, and attach equal importance to legislation and judicial practice defects, from the legislative and judicial two aspects of China's divorce damages to improve the system.

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