Divorce Damages Explore

marriage law is a basic law of Chinao It has a close connection with everybody's behalf The newly promulgated " Divorce Damage Compensation System" is an important system of marriage lawo Its main function is as follows: when the marriage is broken and one of the spouse breaks the law and brings damages to the other, the victim can claim for damage compensation to get the aim of relief for his or hers rightful behalfP For thousands of years, China's foundation of marriage based on economic and social status, It is only just until last century that love comes to the foundation of marriageo But putting in emotion factor and pursuing romantic emotion during marriage diversely increase unstable factors of marriage; further more, with the development of economy and the appearance of industrialization and citiliazation , living surroundings are becoming more and more changeable, at the same time, people's idea, desire and pursuance are changing gradually0 These years, our divorce rate are increasing year by year and the reason of divorce are diversified o (Bibulosity, abandon, unharmonious sexual relation, wearying each other and a series of divergence on living manner and value are all become the reason of divorce o) On the marriage relationship, because of one's great faults or even lawbreaking behaviors that lead to divorce , the other always endures tremendous sufferings and bears serious damages both on body and hearto so, the mental damage compensation is becoming a noticeable issue of divorce o Different countries have its own characters on how to adjust marriage relation, according to itspolitical* economical and national traditiono In China, "Home and country are a whole integral" has been the guiding ideology of Chinese legislation from ancient times. to fit for the demands of the autocratic monarchy and embody dominators' strategy and intellect, China often take the general plan of pay more attention to etiquette than law. Not only carried out the idea of "wife must be subordinate to her husband", but also the elisor practice are affected by the idea of "law is outside home" o The first of socialism china abolished the feudal marriage system* and gradually established socialism marriage system during socialism alteration and construction The revised in 2001 , supplement the invalid marriage system, perfect the spouse property system, and set up the marriage damage compensation system, meanwhile, at the condition of market economy people's law consciousness are increasing Litigation of marriage damage compensation are coming out through elisor practice, How to utilize the law to safeguard the victim's lawful rights and interests) especially law relieves are again discussed, This paper has a introductory study on this issueo First, the paper sets forth the necessity.