On Chinese Divorce Damages Compensation Law System

Divorce damages compensation law system, which is a new system established in 2001 Amendment of Marriage Law of the People's Republic of China, is a break through in legislative history of family marriage law ,fills the gap between the legislation and marriage filed .what's more ,it does well in improving people's moral standard and legal awareness ,after having been put into effect for 7 years ,it's defeats and problems was revealed .It's a general trend to reform the rules of proposing the evidence ,cancel the restrict of range of application of damage compensation ,increase the circumstance for applying for compensation ,etc.This paper concludes five parts .Firstly, the paper analyzes the fundamental theory of this law system .This part has introduced its concept and characteristic, then study on function and significance.Secondly, the paper studies on the history and foreign rules about divorce damage compensation. This parts includes two aspects mainly .To begin with ,L, analyze the history of this law system in our country ;secondly, have introduced and compared the foreign relevant legislation ,hoping to have enlightenment to our country's legislation.Thirdly , the paper analyzes the content of the legal norm .This part includes five parts ,firstly ,introduce the constitutive factors :divorce ,innocent party and default party ,fault intent ,damage results and logical relationship of the factors, secondly, introduced the range of divorce damages compensation; what's more , I analyzes the standard of compensation ,at the end ,analyze the principle of the fault attribution.The fourth party is about the investigation and the problem of divorce damage compensation law system .This part includes three aspects, firstly, have analyze the results of investigation to Leng Shui Jiang city's divorce case in recently years. Secondly, analyze some cases, then, analyze the problem and defects existing.The last parts, the conclusion, I, put forward some suggestion to elaborate our country divorce damage compensation law system: reform the rules of proposing the evidence, cancel the restrict of range of application of damage compensation, increase the circumstance for applying for compensation ,etc.