The Analysis Of The System Of Compensation For Divorce Damage

The system of compensation for divorce damage is a new content after the marriage law of our country was revised. As one of right-relieving system, it makes one side who have fault in divorce bear the responsibility of compensation for damage to the no-fault side. And it clearly protects the marriage party's legitimate rights and interests by law.The regulation of this system has filled in a blank of the marriage law of our country. It makes the protection of the legitimate rights and interests to the marriage party of the law go still one step further, makes the judicial authority have more adequate of the law to carry on a referee to relevant cases and makes more conducive to protect the lawful rights and interests of parties by legal approach. It is the great progress in our country legislate for the marriage and family. But as one of brand-new legal systems, it is not mature in many ways, and there are many prominent defects in the application of the system waiting to be completed. This text makes a network analysis of this system. The first part of the thesis is a systematic summary of compensation for divorce damage. It carries on the discussion to some basic questions of the system of compensation for divorce damage from the meaning of compensation for divorce damage, the properties of compensation for divorce damage, the value of legislation of the systems of compensation for divorce damage of various countries out, and discussing the function and meanings of the system of compensation for divorce damage. The second part analyzes the current framework of the system of compensation for divorce damage of our country. Firstly, the components of the divorce compensation for damage are analyzed, and secondly, discusses the divorce compensation for damage applicability, and then illustrates the divorce compensation for damage regulation in the scope of the divorce, and finally a claim for damages. The third part analyzes our country's existing problems of damage regulation,then puts forward some suggestions to solve the problems. Firstly points out the laws and regulations of the filed divorce compensation for damage to narrow the scope of legal reasons, and puts forward the difficult because of the burden of victims compensation and our spouse true spiritual law stipulates divorced without the amount of damages. Finally, puts forward some suggestions to solve the problems. Firstly it will be entitled to mention the scope of divorce compensation for damage, secondly by no-fault square burden and should be defined legal evidence, finally it should specify divorce spiritual damage compensation amount. I hope the thesis can offer valuable reference to the study on relevant problems in the future and guide practice better.