Study On Compensation System Of Divorce Damages

The establishment of the divorce damage compensation system plays a significant role in the adjustment of the marriage and family relationship. But at present, the system is still distempered. Consequently, it is necessary to discuss the system in theory. And then the system can be improved so as to make the marriage and family relationship better. This paper will analyze the following aspects:Part I: the summary of the divorce damage compensation system. This part mainly discuss the system's basic theory including the concept,characteristics, nature and the function and value.Part II: the constitutive elements of the divorce damage compensation system. In this part,the author analyzes four sections of the system including the offense,damage facts , causation and the fault. The author will analyze four illegal acts in detail, that is , the bigamy, cohabiting unlawfully,and abandon the family members by the way of the domestic violence and the abuse.Part III: the defects of China's divorce damage compensation system. Since the implementation of the system, it has given rise to many controversial issues in theoretical circles as well as the process of the judicial practice. The author raises some darker sides of the system on four aspects,that is,the issue of statutory exclusions of the system,the burden of proof, the determination of the amount of related compensation.Part IV: the improvement of China's divorce damage compensation system. In this part ,the author proposes some humble opinions contains the increasing of the issue of statutory exclusions of the system, improving the ways of returning principle and getting the evidences,determining the amount of related compensation to improve the system of our country .