A Study On Compensation For Divorce Damage

The establishment of the system of compensation for divorce damage is according with demand of time, and it has important realistic significance. Compensation for divorce damage is a brand-new system that needs to be improved continuously in practice. This article is composed of the discussions on compensation for divorce damage.Compensation for divorce damage has its' theoretical foundation. As we look at it from the viewpoint of law, we can find that marriage is a kind of social relation of a high ethical level. And the marriage is a contract, too. As soon as a man and a woman conclude to marry, the legal relation of marriage engenders. Both Husband and wife have spouse rights mutually. If one spouse's illegal action infringing upon the other, then the one who has got damage from the illegal deed has right to claim compensation. When we look at it from sociological outlook, we can find that this system can perform the function of stimulating different individuals. It can help the spouse without fault who has suffered setback to get compensation and succor, and make the fault spouse get necessary setback. Moreover, it can decrease the instable social factors. And from the economic outlook, we can find that the spouse with fault makes an analysis of cost-income based on his sense. If he has chosen to act illegally, he should undertake the duty of compensation for damage.The compensation for divorce damage must be provided with following conditions. First of all, one side of the spouses has carried illegal action. Secondly, the spouse without fault has suffered damage resulted from the illegal behavior. Thirdly, the illegal action has caused divorce. Finally, the claim of compensating for divorce damage should be submitted by the spouse without fault.We must pay attention to the following issues in the process of implementing the system. Firstly, the spouse who can ask compensation for divorce damage is the one without fault only, and the one who undertake the duty should be the spouse who has fault. Secondly, the evidence gained from catching the adultery can be employed, but some measures must be applied to restrict it. Thirdly, the compensation for divorce includes compensation for both material and spiritual damages, and the emphasis is the latter one. Eventually, the right to demand compensation for damage must be performed in limited time. Otherwise, the right can't get effective protection.The 46th article of the revised Marriage Law of China established the principle of the divorce compensation damage. It made great sense to protect the innocent party of the marriage and the stability of the family. But the principle has not achieved the desired results in the judicial practice after the application for more than two years. 1"he author of this thesis wants to do some research about the problems in the application of this principle and accordingly be of some assistance to the improvement of Chinese Marriage Law.