| The establishment of the divorce damage compensation system has been one of the most significant contents since the amendment of Marriage Law in 2001. Under the system of non innocent divorce, divorce damage compensation system is actually a principle of right almsgiving, which is aimed at protecting the innocent party of the marriage and the stability of the family. It reflects the fundamental of justice and safeguarding the weak side, as well as the maintenance of the stability for a family. However, the system has not achieved the desired results in the judicial practice since the application for more than six years. On the foundation of illustrating the value of the divorce damage compensation system from social, ethical, and philosophical aspect, the thesis here makes discussions of the divorce damage compensation system according to the juristical theory and the phenomenon of the system. Finally, it comes up with the simple analysis, which suggests enlarging the applicable cases, widening the limit of the subject, etc, so as to improve the divorce damage compensation system. |
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