On The System Of Compensation Damages For Divorce

As one of the important part in the marriage law of PRC (revised), the System of compensation damages for divorce (SCDD) filled a gap in Chinese marriage law. As a system of right supporting, it aims at protecting the legal right of the unwrongdoer. If the wrongdoer's behavior (one of the couple) leads to the divorce, she/he has to take responsibility for compensation of the damage, but we shoud notice that the part is one of the two focuses in this revision. Expert in academe and law think this is more complex problem. So, it is significative and urgent that embeding research and discussion to the system. The paper introduced the SCDD' s historical development, international and domestic legislative situation at present. The author studies and discusses our country' s basic theories, essential factors, principles and range of damage compensation. In dealing with the present situation of the impossibility of execution of the SCDD in judicial practice, the evidential acquirement according to law in the actual operation, the ascertainment of the amount of damages and the range of the subject of damage obligation for divorce, the author clarified her views and put forward concrete proposals perfecting the SCDD, which possess important real meaning in order to understand and utilize the law well.