Study On The System Of Compensation For Divorce Damage Law

On April 28, 2001,Marriage Law of the People's Republic of China has established the system of divorce damages formally , and the article 46 of the law has also clearly defined the subject of the right, the Compulsory subjects, the Applicable conditions and the Constitutive requirements for the system of divorce damages. Then Interpretation No.Ⅰand No.Ⅲof the Supreme People's Court on Several Issues in the Application of Marriage Law of the People's Republic of China regulate application to the system of divorce damages In detail. It is a major progress on the marriage and family legislation in our country, plays an important role in punishment on marriage illegal behavior and compensation infringed spouse loss, and also has important significance to protection of marriage and social development. With the development of society, the system cannot meet the demands for judicial practice.This paper combinate the present situation of the theory with trial practice, and suggests that overview of divorce damages system, domestic and foreign legislation situation, the problems and improvement of the system for divorce in China , the problem of limitation of action, the application of principal and the improvement of evidentiary burdens.