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离婚后是可以起诉家暴吗,家暴诉讼时效是多久

发布时间:2019-01-03 13:24
家庭暴力是家庭成员的噩梦,我们知道,遭受家暴的配偶,可以以此为由提出离婚。但是在离婚后,可以以家暴为由向前夫起诉要求赔偿吗?离婚后是可以起诉家暴的公民的生命健康权及财产所有权受法律保护,造成公民身体损害及财产损失的,应予以赔偿。小编为您总结了相关知识,供您参考,希望可以帮助到您。
 
Domestic violence is a nightmare for family members. We know that spouses who suffer from domestic violence can divorce on this basis. But after divorce, can the former husband be sued for compensation on the grounds of domestic violence? After divorce, the right to life and health and property ownership of citizens who can sue for domestic violence are protected by law, resulting in physical damage and property loss of citizens, they should be compensated. Xiaobian summarizes the relevant knowledge for your reference, hoping to help you.
 
 
 
 
 
离婚后可以起诉家暴吗
 
Can domestic violence be prosecuted after divorce?
 
 
 
公民的生命健康权及财产所有权受法律保护,造成公民身体损害及财产损失的,应予以赔偿。依据我国《婚姻法》,因家庭暴力导致离婚的,无过错方有权请求损害赔偿;最高法《关于适用〈中华人民共和国婚姻法〉若干问题的解释》第二十八条、婚姻法第四十六条规定的“损害赔偿”,包括物质损害赔偿和精神损害赔偿。随着婚姻关系的结束,财产混同的情况已经消除,此时家暴虽已结束,但其造成的损害结果如伤残仍在持续,依据《中华人民共和国法通则》第一百三十六条,“下列的诉讼时效期间为一年:(一)身体受到伤害的;”依据第一百三十七条,“诉讼时效期间从知道或者应当知道权利被侵害时起算”,以及最高人民法院《关于贯彻执行<中华人民共和国民法通则>若干问题的意见(试行)》第168条,“人身损害赔偿的诉讼时效期间,伤害明显的,从受伤之曰起算;伤害当时未曾发现,后经检查确诊并能证明是由侵害引起的,从伤势确诊之日起算。”
 
Citizens whose right to life and health and property ownership are protected by law, causing physical damage and property loss to citizens, shall be compensated. According to China's Marriage Law, if divorce is caused by domestic violence, the party without fault has the right to claim damages; Article 28 of the Supreme Law on the Interpretation of Several Questions Concerning the Application of the Marriage Law of the People's Republic of China and Article 46 of the Marriage Law stipulate "damages", including material damages and spiritual damages. With the end of marriage, the situation of property confusion has been eliminated. At this time, although domestic violence has ended, the damage caused by domestic violence, such as disability, is still ongoing. According to Article 136 of the General Principles of the People's Republic of China, "the following limitation period of action is one year: (1) physical injury;"According to Article 137,"the limitation period is known from or during the limitation period of action. It should be known that when rights are infringed, it will be counted as soon as it is infringed", and Article 168 of the Supreme People's Court's Opinion (Trial Implementation) on Implementing Several Questions of the General Principles of the Civil Law of the People's Republic of China,"During the limitation period of action for compensation for personal injury, the injury is obvious, and it will be counted as the injury occurs; the injury has not been found at that time, and can be proved to be caused by the infringement after From that date."
 
 
 
家暴诉讼时效是多久
 
How long is the limitation of domestic violence lawsuit?
 
 
 
我国婚姻法对受到家庭暴力的受害者权益维护有明确规定,在明确规定了受到家庭暴力诉请离婚的案件,法院对有过错者可少分或不分家庭共同财产的同时,对受害人人身损害赔偿的请求作出明确规定,特别是在离婚诉讼过程中未主张损害赔偿的,可在离婚后一年内向法院另行诉讼请求对方赔偿损失,这不仅体现了婚姻家庭主体的平等性,也有效保障了弱势群体的合法权益。所以,在离婚后一年内,可以向法院起诉家暴,要求损害赔偿。
 
China's Marriage Law clearly stipulates the protection of the rights and interests of victims of domestic violence. In the case of divorce appealed for by domestic violence, the court clearly stipulates the claim for compensation for personal injury of victims, especially in the process of divorce proceedings, one year after divorce. The inward court sued the other party to compensate for the loss, which not only reflects the equality of the subject of marriage and family, but also effectively guarantees the legitimate rights and interests of vulnerable groups. Therefore, within one year after divorce, domestic violence can be prosecuted in court for damages.
 
 
 
离婚这件事情,无论是因为任何原因,我都将它等同于与高考落榜相同的人生中一次重要的失败。何况还是因为家暴这种心理变态的事,而离婚之后经常会发生经济纠纷,以上就是为您总结的相关资料,希望可以帮助到您,本网站致力于打造优秀的法律咨询平台,如果您还有疑问,欢迎进入律师咨询。
 
Divorce, for whatever reason, is equated with an important failure in my life, the same as failing in the college entrance examination. What's more, because of the psychological abnormality of domestic violence, and economic disputes often occur after divorce. The above information is summarized for you. I hope it can help you. This website is dedicated to building an excellent legal consultation platform. If you have any questions, you are welcome to enter the lawyer consultation.

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