Study On The Compensation System Of Divorce Damages

The eventual establishment of compensation system of divorce damage in Chinese Marriage Law marked the great development in legislative rights. The system enriches the content of the property system in one couple. It provides legal protection for no-fault divorce party in divorce lawsuit. It still plays an active role in maintaining the steady family and safeguarding lawful rights and interests of marriage parties. However, from the legislative view, the system still exist some defaults such as unduly rigid and loose which did not have a specific rule for many concrete questions. Therefore, it is needed for us to explore further correlative law issues of this system on the foundation of using for reference foreign legislative experience and judicial practice. This text firstly expounds the notion, feature, function and meaning. The whole passage consists of three parts. The first chapter expiates on some fundamental questions in compensation system of divorce damage.Firstly, it introduces the notion and meaning. The passage clarifies that compensation system of divorce damage means that the blameless part is entitled to require the offensive parts indemnity damages because one of conjoint has one of offensive behaviors infringed mate rights, wrought the loss of corporeal property and spiritual anguish to the other side, resulting in the breach of marital relationship and divorce. Its functions are to chasten the offensive mate, compensation economy and conciliate spirit to victim mate and guard the masses. The compensation system of divorce damage refers to the general damages. The author points out that the base of the claim is infringement liability, and analyzes the components of the divorce damages compensation. The compensation system of divorce damage bases on the ground of the need of society and law. I analyses its legal gender. In academic circles still exists an issue whether the legal gender is infringing right or breaking a contract responsibility. The form of compensation of divorce damage responsibility and the break of contract responsibility, and some concrete regulations of Chinese Marriage Law to compensation system of divorce damage, to expound that marital relationship is not contract or equal to contract, compensation of divorce damage is infringing right.In chapter two, I analyze the casual problem or confusions in our current compensation system of divorce damage. The constitutive requirements of compensation system of divorce damage is analyzed, I think that compensation system of divorce damage consists of illegal behavior, damage compensation, casual relationship and conduct person default. I analyze the part who owns the right should own some conditions, especially she has not fault. Next I analyze the scope of the compensation system of divorce damage and point out how to define the scope.In chapter three, I analyze the existing problems of the divorces damage compensation system and put forward several proposal solutions. May these proposals provide valuable reference to the future research of these questions and better lead the practice.