On Legislative Improvment Of Our Country's System Of Compensation For Damage Caused By Divorce

The system of compensation for damage caused by divorce is one of laws which is added when revised our country's Marriage Law. Because of the complexity of marriage, family and the simplicity of the system of compensation for damage caused by divorce in current Marriage Law, how to master and make good use of this system is a difficult problem in current administrative practice. Namely, it's an important study in Marriage Law domain. A large number of scholars write papers one after another to express their views. There are great arguments and divergences in concrete problem.This paper introduce the history of the system of compensation for damage caused by divorce in our country and the legislation by using of comparison. The author believe that the system is fit for the need of our country's administrative practice under new conditions and good for protecting the legal right of the person concerned as well as marriage problem. Then the content of the system is analyzed and exposed in details, the legislative shortcomings of the system itself and difficult problems are explored, even thought further. Based on them, suggestions are proposed to perfect it, such as broaden the range of the person who bear duty and share the right in the system, improve the legislative regulation about when the compensation occur, and the compensation within marriage should be allowed.The conclusion: the establish of the system of compensation for damage caused by divorce meets our country's current need. It corresponds with basic value that the law is after. We should believe, with the importance of legislative technology and the accumulation of administrative experience, the system will be perfect gradually, moreover, it will represent the legislative intention day by day.