Is there a moral compensation under the Marriage Act, and is there a compensation for moral damages

Moral compensation is called solatium for moral damage in law, and is stipulated in the Marriage Law.

See: 1. Article 46 of the Marriage Law In any of the following circumstances, 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) Abuse or abandonment of family members.

2. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (1).

Article 28: What is provided for in Article 46 of the Marriage Law"Indemnification", including material damages and moral damages. Where compensation for moral damages is involved, the relevant provisions of the Supreme People's Court's "Interpretation on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall apply.

Article 29: The entity that bears the liability for damages provided for in article 46 of the Marriage Law is the spouse of the party who is not at fault among the parties to the divorce proceedings.

In cases where a people's court decides not to grant a divorce, the parties' request for damages based on article 46 of 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.

Article 30: When people's courts accept divorce cases, they shall inform the parties in writing of the rights and obligations of the parties as provided for in article 46 of the Marriage Law. When applying Article 46 of the Marriage Law, the following different situations shall be distinguished:

1) Where the innocent party who meets the requirements of Article 46 of the Marriage Law files a claim for damages with the people's court as the plaintiff based on the provisions of this article, it must be filed at the same time as the divorce proceedings.

2) In divorce litigation cases where the innocent party is the defendant who meets the requirements of Article 46 of the Marriage Law, if the defendant does not agree to the divorce and does not file a claim for damages based on the provisions of this article, a separate lawsuit may be filed within one year of the divorce.

3) In divorce litigation cases where the innocent party is the defendant, and the defendant does not submit a claim for damages based on article 46 of the Marriage Law at the time of the first instance, and submits it during the second instance, the people's court shall conduct mediation, and if mediation fails, inform the parties to file a separate lawsuit within one year of the divorce.

3. Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts.

Where the infringement causes mental harm, but no serious consequences are caused, and the victim's request for compensation for the mental harm is generally not supported, the people's court may order the infringer to stop the infringement, restore the reputation, eliminate the impact, or make a formal apology based on the circumstances.

Where the infringement causes mental harm to a person and serious consequences are caused, the people's court may, on the basis of the request of the victim, order the infringer to bear civil liability such as stopping the infringement, restoring the reputation, eliminating the impact, and making a formal apology.

No, the court has clear provisions on this.

Yes, you just have to become insane. That's a mental disservice to you.

The Marriage Act (now superseded by the Civil Code) provides for compensation for moral damages. In the event of divorce due to bigamy, cohabitation outside of marriage, domestic violence or abuse, abandonment of family members, etc., the innocent party has the right to claim damages, including material damages and moral damages.

[Legal basis].

Article 1091 of the Civil Code of the People's Republic of China has one of the following circumstances that leads to divorce, and the innocent party has the right to claim damages: (1) 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 Marriage Act provides for compensation for moral damages. If a divorce is caused by bigamy, cohabitation outside of marriage, domestic violence, abuse of family members, abandonment of family members, etc., the innocent party has the right to claim damages, including material damages and moral damages.

[Legal basis].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.

Legal analysis: In the divorce damages system, moral damages refer to the divorce due to the fault of one of the spouses, causing the innocent party to suffer mental pain and inner trauma, resulting in the breakdown of the marital relationship, and the innocent party has the right to claim compensation from the wrong-fault party for the moral damages suffered.

Legal basis: Article 1091 of the Civil Code of the People's Republic of China Article 1091 In any of the following circumstances, which leads to divorce, the party who is not at fault has the right to claim damages:

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

3) Implementing domestic violence;

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

(5) There are other major faults.

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

1) bigamy;

2) A person who has a spouse cohabits with another person;

3. Committing domestic violence;

4) Abuse or abandonment of family members.

1. Standards for the amount of compensation for civil moral damages.

When natural persons' rights to life, health, body, name, portrait, reputation, honor, personal dignity, personal liberty, or other personality rights are unlawfully infringed upon, they may request compensation for mental harm in accordance with law. For serious mental damages, the amount of compensation for solatium is divided into five levels: 50,000 yuan, 40,000 yuan, 30,000 yuan, 20,000 yuan, and 10,000 yuan; For general mental damages, the amount of compensation is divided into four levels: 8,000 yuan, 6,000 yuan, 4,000 yuan and 2,000 yuan.

The following factors shall be considered in determining the amount of solatium for moral damages: the degree of fault of the infringer, except as otherwise provided by law; specific circumstances such as the means, occasions, and modes of conduct of the violation; the consequences of the infringement; the infringer's profits; the infringer's financial capacity to bear responsibility; The average standard of living in the seat of the court where the suit is filed.

2. Compensation for moral damages.

Moral damages are called "considerable monetary compensation" in Germany, "pain money" in jurisprudence, "consolation for monetary benefits" in Switzerland, "consolation materials" in Japan, "moral damages" in France, "solace money" in Taiwan, and different names in China, such as "disability compensation", some "death compensation", some "spiritual solace", and so on. In relation to property damage, there is an indisputable consensus that "mental damage is an intangible damage, and the determination of its amount can not be calculated with relative precision like property damage". Under the legislative guiding ideology of "it should be coarse but not fine", the Civil Code and relevant judicial interpretations have always been like "flowers in the mirror, moon in the water" on the basis and amount of compensation for infringement of moral interests.

Just as Qiu Ju only needs to "ask for an explanation", legislation does not pay attention to the size of the responsibility for the result. But any judgment on the claim must "give an explanation" and "give a result". In judicial practice, courts and judges in various localities have consciously or unconsciously entered the role of "legislators", setting certain upper and lower limits, and "discretion" within this range.

There is nothing wrong with "delaying legislation" and "justice first" as a workaround, and it is understandable that it is true that it is unavoidable, but such an artificial limitation of the amount for the sake of operational convenience and for the sake of judicial "unity" runs counter to the essence of moral damage and the function of compensation for moral damages.

Legal analysis: According to the judicial interpretation of the Supreme People's Court, the compensation for moral damages generally does not exceed 50,000 yuan. This is called the divorce fault damages system in the marriage law, and the following conditions must be met.

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

Article 1091:In any of the following circumstances, where filial piety is roughly divorced, the party who is not at fault has the right to request damages:

1) bigamy;

(2) cohabitation with another person;

(3) Committing domestic violence;

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

5. Void Caution) has other major faults.

Please take care to consult with a professional lawyer for more accurate and specific legal advice, as laws may vary from region to region and specific to case.

Regarding the payment of moral damages and financial compensation in the marriage law, the legal provisions of different countries and regions may vary. In some jurisdictions, emotional damages and financial compensation may be part of the matrimonial law and may be eligible for them depending on the particular circumstances and legal provisions. Elsewhere, however, these terms may not be expressly stated, or there may be some restrictions and conditions.

With regard to abandonment, whether cleft skin constituted abandonment depended on the specific legal definition and conditions. In some jurisdictions, it may be considered desertion if a party leaves the marital partner without a reason to do so and does not keep in touch with them or provide the necessary support for an extended period of time. However, this needs to consider specific legal provisions and evidence.

As laws may vary depending on the area, it is recommended that you consult with a local legal professional, such as a lawyer, to understand the legal requirements and protections that apply in your area regarding issues such as moral damages, financial compensation, and abandonment. They can provide you with more accurate legal advice on a case-by-case basis.