China's Divorce System Of Damages,

The system of compensating for divorce damages has firstly been established in the Marriage Law of the People's Republic of China revised in 2001. It becomes one of great achievements of the marriage family legislation of our country with epoch-making significance. From three aspects the essay systematically elaborates the system of compensating for divorce damages and deeply analyze how to improve the system.The first part is about the basic theory of the system of compensating for divorce damages, which is mainly concerned with the concept, nature, values and history of the system of compensating for divorce damages of our country. Firstly, the definition is put forward that the divorce damage compensation means that his or her spouse without faults has right to request damage compensation because he or she who committed some serious faults against laws cause divorce. The concept and nature of divorce damage compensation are made further explanation at this point. On the basis of these, the conclusion is made that divorce damage compensation in nature is one of tort damage compensation. Then, the value of divorce damage compensation is deeply discussed. Finally the legislation of the system of divorce damage compensation is investigated and compared with foreign countries system of divorce damage compensation.The second part is about legal adoption of the system of divorce damage compensation including five aspects of the claims, important document, cases, principles and range of the system of divorce damage compensation. As far as the claim is concerned, the theories of breaking a contact and tort behaviour are commented as well as the introduction to the concept, character and content of spouse right and the elaboration of the time and subject of the claim. With regard to important document, its four aspects are stated of illegal behaviour, damage fact, clause-effect relation and subjective fault. With respect to adoption cases, the 46th clause of the Marriage Law of the People's Republic of China stipulates the one who has one of the following case to cause divorce: bigamy, having the spouse who cohabits with other person, enforcement...