Study On System Of Divorce Damages Compensation Of PRC

After the Marriage law of PRC(the amended) was passed in April 2001, a new system of the divorce damages compensation was established. As a new thing, it is not theoretically mature, and the articles are quite abstract and simple, which results in many practical difficulties. However, it symbolizes the substantial progress of our Marriage law and holds significant theoretical and practical meaning. Since the system of the divorce damages compensation was established in China, the argument about its theory and practice has never ceased. This article is about to introduce different opinions about this system, and make analysis and discussion to give my opinion which may be useful to improve our system of the divorce damages compensation. This article includes five parts: The first part is the general introduction which tells us that the system of the divorce damages compensation of China is put forward and established based on the experience of other countries and the requirements of the generation. Although it is established by law, there are still disputes on whether it should be established in China. The author comments on the reasons of the opposition and holds that the establishment of the system of divorce damages compensation is of importance to our Marriage law and jurisdiction. The second part is to discuss the definition, nature and component of the divorce damages compensation. The divorce damages refers to the general divorce damages. The author points out that the base of the claim is infringement liability, and analyzes the components of the divorce damages compensation after the qualitative analysis on it. The third part focuses on the coverage of the divorce damages compensation and the exercise of the claim. This part introduces four legal conditions under which the divorce damages compensation can be put forward, and points out that the coverage of divorce damages compensation should be increased. Through the analysis on the Marriage law and its declaratory clauses on time limits the author also holds that owing to the different litigation status of the unimpeachable party in marriage lawsuit the exercise of the claim for the divorce damages compensation should be paid more attention. The fourth part mainly discusses the subject of the right and obligation of the divorce damages compensation. In the respect of the subject of the right, the author focuses on how to understand unimpeachable; in the respect of the subject of the obligation, the author holds the third party as the subject of the obligation. The fifth part solves the problem of the compensation scope and the compensation amount. The author supposes that the compensation amount should include the material damages and spiritual damages, and gives several reference elements on the compensation amount.