On Divorce Damages System

Marriage is personal and property relationship of rights and obligations formedbetween a man and a woman who aim at permanent bed and board.A married coupleshall perform obligations such as mutual loyalty and mutual support.According toequitable principles, when one party fails to perform obligations, for examPle, thehusband or wife commits bigamy, mistreatment or desertion, which causes property andmoral damage to the opposite party, the latter enjoys the right to gain moral consolationand property compensation in order to realize legal equity and justice.Under the present system of non — fault divorce, the system of compensation fordamage caused by divorce is a system of remedy of rights established in order to guarantee the legal rights of the non-fault divorcee.By means of remedying the rights of the non-fault divorcee, it compensates the victim's property loss and moral damage.Its main fonction is to fill damage, console the victim and punish the fault-maker.In 2001, thanks to the adoption of ideas of remedying the inferior in divorce, the system of damages for divorce was added in the modified Marriage Law. The auhtor tries to make a general analysis on the system..When studying the controversial issuesabout the essence of the claim of right, the applied conditions and other questions inenforeement, we consider the system as a special protect method for special groups in law of domestic relations. The subject of righi is the person without statutory behaviors and the subject of obligation is the one whose serious faults canse the end of marrage.The compensation involves damages on property and nonproperty. To make our regulations consummated, we should make sure that the damages for divorce itself is independent from the damages of domestic torts, the relationship of remedies forinferior in divoree is treated well, the application is expanded to some exteni and the voluntary ofthe litigants is considered.The 46th article of the revised Marriage Law of China established the principle of the divorce compensation damage. It made great sense to protect the innocent party ofthe marriage and the stability of the family. But the principle has not achieved the desiredresults in the judicial practice after the application for more than two years. The author of this thesis wants to do some research about the problems in the application of this principle and accordingly be of some assistance to the improvement of Chinese Marriage Law.