Study On Divorce Damage Compensation System

The divorce damages was first established in "Marriage Law" which is revised in 2001. This system has epoch-making significance and fully embodies the spirit of advancing with the times within the marriage legislation in our country. In this paper, I systematically expounded the system of divorce damages and then study and discuss this system. The article is divided into four parts.The first part is about basic theory of the system of the divorce damages including the origin, the concept nature and characteristics and then analyse the values of this system .The second part is the introduction of comparison about the system of divorce damages in various countries and regions status in the world ,particularly the status of marriage legislation in France.I want to find a sound proposal to the system of our country through comparing the strengths of national legislation and inadequacies of the best draw. The third part is about the regulations and practice of the system in our country including applicable circumstances of the divorce damages,constitute elements,scope of compensation, the determination of the amount of compensation and a few important questions about the fault.The fourth part is about the defects and Perfection of the system of divorce damages in our country. I will discuss its system defects and inadequate legislation through the application, the scope of the main obligations and so on.I make the following recommendations: First, broaden the subject who have the right to request and the main scope of the obligation of reparation; Secondly , increase other torts which may be brought to the divorce damages; thirdy,perfect the burden of proof of divorce damages; fourth, clear that divorce damages should include material damages and compensation for moral damage; fifth,regulate the amount of divorce damages.