Divorce Damages System

The system of compensation for divorce damage that article 46 of new " marriage law " established, has filled in the legislative blanks of new China's marriage and family, examine the current system of marriage and family of our country closely for us too , has offered a new visual angle . But have perfect place as one new legal system, article start with from compensation for divorce damage origin that system produce, introduce the historical development of the system of compensation for divorce damage of evaluation and analysis and domestic and international legislative state, have described such contents as the construction on legal principle foundation and system of the system of compensation for divorce damage ,etc. Have probed into the system existing problem of compensation for divorce damage and perfection measure especially. Narrow to the scope of application, the request right of compensation for damage is only limited to not there is not the fault siding , ask for right subject of right suitable for both parties that divorce problem carry on serious research discussion and put forward the suggestion of perfecting only; Problem and perfection badly in need of solution about judicial practice, for instance to such questions as asserting , burden of proof, sureness compensating for the number and the other person's compensation responsibility that are damaged ,etc, put forward the concrete perfection method, help to operate in the judicial practice. The author's argumentation draws lessons from the thought and view of a great deal of experts and scholars, may not become the statements of a school , can but hope for the perfection of this system and develop beneficial.