Initial Thesis On The Divorce Compensation Institution

With the development of the economical society and the living standard,there also appeared some unharmony voices in our country. Familiy violence.the phenomenon ofone man owns two wives, etc——, led tosplit of the marriage . The splitted marriagebrought mental and substantial agonies to the either party who is innocent . It just providethe actual basis for the putting forward of the divorcing compensation institution.Being modified several times , the amendment of was drawn up , put forward of the divorce compensation institution. It was composed of substantial and spiritual compensation. The establishment of the law is the inevitable requestment of performing one's marrial obligation. It plays a significant role in practising judicature. The divorce compensation built on tortresponsibility.The establishment of the law has its major constitution: Either party of the married couple has the illegal behaviour.One of the party's behaviour is not correct,.the aggrieved party didn't make any mistake . has the fact of suffering . The behaviour of the mistake and the fact of suffering have the causation.The suffering of the divorce regarding to the property ,body and mind ought to obtain all the compensation.This is consists of four parts. At chapter one Viz. In The conception of the divorce compensation, weanalyzed the creation of the institution of the law. We deliverated the conception and inevitable the characteristic of the institution of the divorce compensation.Specified clearly on the legal rights to request the divorce compensation characteristic, and provided the basis of the theory on the researching of the institution of the law. At chapter two Viz Comparing with the internal and external institution of the divorce compensattion,we have refered to the differences between the foreign and domestic legislation and domestic legislation,and we made some suggestions for reference.l At the Chapter three Viz < The problems exist in the institution of domestic divorce compensation institution and analyzed the existing problems at present , which should be discussed further and improved. At chapter four Viz In view of the problems and reasons existing in chapter3, we have refered to the external successful case and put forward some adviceand imaginations of our own regarding to the problems that mentioned at chapter 3.