Research On The Application Of The Divorce Damage Compensation Principle Of The Marrige Law

Current Marriage Law is amended on the basis of the Decision on the Amendment to the Marriage Law of the People's Republic of China at the 21th Meeting of the Standing Committee of the Ninth National People's Congress. The law establishes the new damage compensation that the unerring party in marriage shall have the right to claim from the other erring party when they divorce. The aim of the law is directly to protect the stability of the family and indirectly protect the stability of the society by punishment of bigamy, illegal cohabitation, family violence and family maltreatment.On the marriage relationship, because of one's great faults or even lawbreaking behaviors that lead to divorce, the other always endures tremendous sufferings and bears serious damages both on body and heart. So, the mental damage compensation is becoming a noticeable issue of divorce. However there are some new problems in practice, such as conflicts of definitions in new law, and conflicts between new institutions and traditions. How to resolve these new problems is the emphasis of our research. This essay disicussing the relevant institutions of many countries and areas tries to find new solutions and useful advices for protecting the stability and the unerring party.The revised in 2001, supplement the invalid marriage system, perfect the spouse property system, and set up the marriage damage compensation system, meanwhile, at thecondition of market economy, people's law consciousness are increasing, Litigation of marriage damage compensation are coming out through elisor practice, How to utilize the law to safeguard the victim's lawful rights and interests, especially law relieves are again discussed. This paper has a introductory study on this issue. First, the paper sets forth the necessity.