| The establishment of the divorce damage compensation system consummates the rules of divorce relief system in the field of marriage in our country, reflects the legal rights protection of the no-fault one in the marriage, which is the major breakthrough in the marriage legislation, further more, consummates the family system of marriage in our country. The establishment of the divorce damage compensation system has been operated for ten years; while many epistemic controversies and disunity on enforcement appears because of the legislation is too general, principle is not easy operated in the judicial practice. Therefore, it is necessary to sort out the problems appears in the specific application, and reach on the consummating of legal issues further. This paper elaborates suggestions of divorce damage compensation system consummation with real needs in the form of case analysis. First, it analyzes the basic theory on the compensation for the damage of divorce, i.e. its properties and composition and the interpretation on no-fault in the compensation. According to case studies, this paper concludes the problems in the application of the compensation system for the damage of divorce, including the subject range of rights and obligation, the legal fault, the burden of proof, the sum of damages. With comparative research method, based on foreign advanced legislative experience and the practice of our country, this paper proposes some suggestions: firstly, expand the subject range of obligation and define a third party as the subject of obligation of the compensation for the damage of divorce; secondly, increase the types of legal fault, but not suitable to regulate flexible items of"generalizability"at the same time; thirdly, lower the requirement for the unerring party's burden of proof, ask the court to carry out investigation and obtain evidence, and introduce the principle of no-fault presumption; fourthly, define the specific sum of the damages.
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