Research Of The Compensating For Divorce Harm

This thesis started from the contract attribute of marriage to analyze the compensating for divorce harm system while introducing the case positivism analyzing method and the comparison of the Chinese law and foreign law in research . Putting up the opinion that we should establish and perfect our system of compensating for divorce harm.There are 8 chapters in all. In the first chapter, we researched the conception of marriage and divorce, emphasizing the contract attribute of marriage.The second chapter mainly discussed the conception and the basic problems of the compensating for divorce harm system. Borrowing Mr. Lin Xiuxiong's opinion that the divorce harm included the cause harm and the divorce harm; pointing out divorce harm means that one side of a couple been harmed when they were divorcing and the unblamable side or the side who had less fault can claim compensation from the other side. Emphasizing the compensating for divorce harm dose not include the cause harm. (cause harm: When one side's tortuous action caused divorcing , the compensation that the other one can claim for.) The first two chapters are the basic theory so that this thesis spread out this theory.The third chapter studied the relations between the system of compensating for divorce harm and the relating aid system. No difference without comparison. We clarifying the conception of the divorce harm through analyzing the relation between the system of compensating for divorce harm and other relating system. This thesis also compared the system and the divorce aid system because of the reckoning and division system of the community property we used includes the content of the parties' subjective fault and the divorce aid system.The forth chapter researched the status of the compensation for divorce harm system in foreign states. We explained the rationality and developing current of the foreign systems of compensation for divorce harm; building the system which is suitable for China is the certain choice.The fifth chapter studied the meaning of building compensation system for divorce harm and its function ; also commenting the compensation system for divorce harm and relating system. Putting up the meaning and the effect of building the compensation system for divorce harm through case positivism analyzing method and the comparison between systems.The sixth chapter built the entire system of compensating for divorce harm, this system is distinguished either the harm confine or the substance content from the system of compensating for cause harm.