How to compensate for domestic violence, and how much compensation can be claimed for domestic viole

Article 46 of China's Marriage Law stipulates four torts: bigamy, cohabitation of a spouse with another person, domestic violence, and abuse and abandonment of family members. Therefore, in the case of personal injury to one of the spouses caused by domestic violence, the provisions of the Marriage Law should be applied. Specifically, a lawsuit for damages filed by a married party who has been injured by domestic violence must meet the following conditions at the same time:

First, the perpetrator committed domestic violence, which resulted in the violation of the spouse's right to health and body. Second, the perpetrator is subjectively at fault for committing the tortious act, and it must be intentional. Thirdly, it has led to the breakdown of the marital relationship, so that the spouse cannot file a separate action for damages before the divorce, but must file an action for damages at the time of filing for divorce or within one year of the divorce.

Fourthly, the spouse claiming damages is not subjectively at fault, i.e., he or she cannot be at fault in committing the domestic violence against the other party. Legal basis: Article 46 of the Marriage Law of the People's Republic of China has any of the following circumstances, and if a divorce is caused, the innocent party has the right to claim damages:

1) bigamy; (2) A person who has a spouse cohabits with another person; (3) Committing domestic violence; (4) Abusing or abandoning family members.

In cases where a people's court decides not to grant a divorce, the parties' request for damages based on the Marriage Law will not be supported. Where, during the existence of the marital relationship, the parties do not sue for divorce but separately file a claim for damages in accordance with the provisions of this article, the people's court will not accept it. The standard of compensation shall refer to the standard of compensation for personal injury and the standard of spiritual solace.

Legal analysis: Regarding the domestic violence between husband and wife, then because of this reason, filing a lawsuit in the people's court is generally not supported, so you can't claim some compensation for mental damages, but you can get a divorce, and you can file for damages when you sue for divorce. Where the person entitled to compensation sues the person with the right to compensation for property losses or false mental damage due to the infringement of life, health, or body, the court shall accept it.

If, during the period of suspension of the marital relationship, one party has a spouse but cohabits with another person, or commits domestic violence, and the other party does not sue for divorce but files a separate claim for damages, the court will not accept it.

Legal basis: Article 1091 of the Civil Code of the People's Republic of China In any of the following circumstances, if a divorce is caused, the innocent party has the right to claim damages:

a) bigamy; (2) cohabitation with another person; (3) Committing domestic violence; (4) Ill-treatment or abandonment of family members; (5) There are other major faults.

Legal Analysis: Where domestic violence causes damages, the people's court is to determine the amount of compensation based on the local economic level.

Legal basis: Civil Code of the People's Republic of China

Article 1182:Where the personal rights and interests of others are infringed upon and property losses are caused, compensation shall be made in accordance with the losses suffered by the infringed party or the benefits obtained by the infringer; Where it is difficult to determine the losses suffered by the infringed party and the benefits obtained by the infringer as a result, and the infringed party and the infringer disagree on the amount of compensation and file a lawsuit with the people's court, the people's court shall determine the amount of compensation based on the actual circumstances.

Article 1183 Where the personal rights and interests of natural persons are infringed upon, causing serious mental harm, the infringed party has the right to request compensation for moral damages. Where serious mental harm is caused by intentional or gross negligence infringement of a natural person's specific object of personal significance, the infringed party has the right to request compensation for moral damages.

Legal Analysis: The injured party of domestic violence claims compensation for damages, including not only material damages, but also moral damages.

Legal basis: "Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1)" Article 86 "Compensation for damages" as provided for in Article 1091 of the Civil Code includes compensation for material damages and compensation for moral damages. Where compensation for moral damages is involved, the relevant provisions of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in the Torts of High Incidents by Civil Hands" shall apply.

Legal analysis: First of all, if there are any of the following circumstances in the case of divorce according to the regulations, divorce compensation can be claimed: 1. One party is bigamy; 2. One party cohabits with another person; 3. One party will commit domestic violence; 4. One party abuses or abandons a family member.

Legal basis: Article 234 of the Criminal Law of the People's Republic of China: Whoever intentionally harms the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.

Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.

Civil Code of the People's Republic of China

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that a divorce is not allowed, and the parties have been separated for one year, and one party files a divorce lawsuit again, the divorce shall be granted.

Article 1091 In the following circumstances, resulting in divorce, the party who is not at fault has the right to claim damages:

a) bigamy; (2) cohabitation with another person;

(3) Committing domestic violence;

(4) Ill-treatment or abandonment of family members;

(5) There are other major faults.

The party who suffers domestic violence has the right to claim compensation from the party who is the victim of domestic violence. Compensation includes material damages, including medical expenses, lost work expenses, living allowances for the disabled, etc., as well as compensation for moral damages, which should be determined according to the actual situation.

1. How to compensate for domestic violence in divorce.

In the divorce, the divorce filed a lawsuit with the people's court for compensation for the harassment due to domestic violence, and one of the parties to the marriage was due to bigamy; cohabitation with another person; committing domestic violence; If the divorce is caused by other major faults such as abuse or abandonment of family members, the innocent party has the right to claim damages for the early divorce. Divorce damages include material damages and moral damages.

2. How much does the husband need to pay for the divorce of domestic violence?

The approximate amount of compensation for the husband's domestic violence divorce should be determined according to the injury and other circumstances. The damages claimed by the injured party of domestic violence include not only material damages, but also moral damages. In the course of a marriage, if one party suffers domestic violence from the other party, he or she may claim compensation for moral damages at the time of divorce.

The specific amount of compensation for moral damages shall be determined by the court against which the suit is filed, taking into account factors such as the level of local economic development and the degree of infringement by the party at fault.

3. How to divide the property of domestic violence divorce rent.

In the case of domestic violence divorce, the party at fault may receive less or no share. The law stipulates that in the event of a divorce, the parties may first negotiate the joint property, and if the negotiation fails, the court shall make a judgment. In the case of divorce due to domestic violence committed by one party, the innocent party has the right to claim damages.

In the division of property, the at-fault party should be appropriately compensated. Damages mainly include material damages and moral damages.

Article 1091 of the Civil Code of the People's Republic of China.

In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:

a) bigamy; (2) cohabitation with another person;

(3) Committing domestic violence;

(4) Ill-treatment or abandonment of family members;

(5) There are other major faults.

The specific calculation standard is: compensation shall be based on the actual medical expenses, nursing expenses, transportation expenses, nutrition expenses, and meal subsidies for Ranfeng's hospitalization, etc., which are actually paid by the domestic violence party, as well as the collection and withdrawal due to lost work. Article 1179 of the Civil Code Whoever infringes upon another person and causes personal injury shall be compensated for reasonable expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work.

If the disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If the death is caused, funeral expenses and death compensation shall also be compensated.