Divorce The Study Of The Damages System

Divorce damage compensation law system, which is a new system established in 2001 amendment of marriage law of the people republic of china, is a breakthrough in legislative history of family marriage law, fill the gap between the legislation and marriage field.After having been put into effect for 10 years, its defeats and problems were revealed. Using the experience of other countries'law for reference, it reflects the legal protection for the innocent party of the marriage and makes an important breakthrough in our country's marriage legislation, perfecting the marriage and family system of our country. At the same time, we can obviously notice that the system is not perfect, So doing further research in theory for better application is very meaningful. The paper will analyze the above problems as follows:The first chapter is about the outline of the divorce damage compensation, demonstrating the definition, historical evolution, theoretical basis, attribute and function. This chapter makes it clear that the legal nature of the divorce damage compensation is the special Liability for Breach of faith.The second chapter is about the regulations and judicial 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 other important problems.The third chapter mainly introduces other countries'and domestic districts' legislations of the system such as Continental Law, Anglo-American Law, Hong Kong. Macao and Taiwan, and compares the difference between them. I want to find a reasonable proposal to the system of our country through comparing other countries' legislations." Stones from other hills may serve to polish jade," so learn this system from other countries may be an important reference for our country.The fourth chapter points out the defects of our country's system and gives some proposals on how to solve the problems.1 will discuss the defects and inadequate aspects and make the following recommendations:First, broaden the scope of who have the right to request and who have the obligation to compensate; Secondly, cancel the restrict of range of application of damage compensation, increase the circumstance for applying for compensation; thirdly, perfect the burden of providing proof; fourth, make it clear that how to take on the responsibility of divorce damages; fifthly, regulate the amount of divorce damages.The establishment of the divorce damage compensation system meets the realistic need in our country, and also conforms to the basic value which the law pursues.Ⅰbelieve that the system will certainly even more perfect along with the further research and the judicial practice development, and it will display its proper legal function fully to manifest the social fair and justness.