Research On The Divorce Damages Compensation Law System

Damage compensation for divorce refers that due to bigamy; cohabitation with others, domestic violence and desertion and abuse of family members, a spouse divorced from the other and bears civil liabilities when the spouse causes the other material damage or mental infringement. With the development of socialist market economy, people have enhanced their rights-defending awareness. How to maintain the legal rights and interests of the litigants with legal weapon has become the topic of common concern. As a most basic civil legal relationship, marriage relationship bears a close relation to the lives of the common people and attracts marital litigants'attention. As a spouse violates legal obligation between husband and wife and infringes upon the other's lawful rights and interests so as to result in the breakdown of marriage relationship, the no-fault party has rights to implement right relief according to the stipulation of damage compensation for divorce in Marriage Law of the PRC.As an important system in Marriage law of the PRC, until now system of damage compensation for divorce has been established for eleven years. This system is of theoretical and realistic significance for perfecting marriage and family law legislation, maintaining family stability, fully protecting lawful rights and interests of no-faulty litigants and improving social harmony. However, with more than ten years of juridical practice, this system is still not perfect with too simple and abstract terms and uncontrolled practice. There are great deals of controversies. For example, whether the third party is responsible for divorce? Whether the subject of right is only confined to"no-fault party"? Whether its scope of application should be spreader? Therefore, in order to adjust to the demands of social reality, we should recollect and review Chinese system of damage compensation for divorce. Combining foreign relevant legislation with domestic practices, we should enrich and perfect this system so as to polish the sword of the law and protect the rights of the weak. After collecting the laws on damage compensation for divorce of many countries in the world, this thesis fully analyzes and investigates the system of damage compensation for divorce of our country. The first part introduces the research background and value of the system of damage compensation for divorce. The second part discusses theoretical foundation of damage compensation for divorce from the perspectives of law and sociology. The third part do researches on current establishment of foreign and domestic systems of damage compensation for divorce and makes comparisons. The fourth part analyzes application of the system of damage compensation for divorce of our country and investigates such aspects as the subject of right, the basis of right, constitutive requirements, Scope of compensation and amount . The fifth part expounds concrete problems existing in applicable process of the system of damage compensation for divorce and puts forward several proposals to perfect this system on the basis of our national conditions and juridical practices so as to protect the rights and interests of litigants and fulfill the legal value of the system of damage compensation for divorce.