The Study Of Divorce Damage Compensation In Our Country

Divorce damage compensation system is the important part in marriage law. it plays a positive role to adjust and regulate the marital and family relationships. Although the current marriage law has established the system of compensation for divorce damage, in the judicial practice, it's difficult to protect the innocent party and the weak side's legitimate rights and interests adequately for abstractive content, unclear proof responsibility, narrow scope of compensation and so on. Based on the practice, through analysis, the paper intends to explore the Chinese system of compensation for divorce damage, and propose to improve the shortcomings of that system.Besides the introduction, this paper is divided into four parts, a total of about 17000 words.Introduction. This part mainly explain the theoretical and practical value of the research topic; introduces the frameworks of the research and the writing characteristics of this paper.The first part: case analysis. This section includes two parts: first, mainly introduces the origin of the cases, details of the case, the litigant request of reason and justification, and the trial result of the court of first and second instance . secondly, introducing the legal dispute and difference of the parties and the reason, and leading to the furthermore specific issues.The second part of the system of compensation for divorce damage survey and analysis. This part mainly includes three aspects: one, theoretical considerations of the concept, nature, characteristics and elements of the divorce damages. Two, comments on the legislation of divorce damage compensation system. Mainly includes two portions: 1, from ancient times to the present, consideration of the legislative history and so on, 2, comments of the law of the countries around the world. Especially the two major legal systems of the world, continental law system and Anglo-American law system of compensation for damages in divorce legislation. On the legislative examples analysis, leading to the result that the divorce damage compensation system plays a very important role in the legal system.The fourth part is to argue that the divorce damage compensation difficulty and countermeasure.of our country current legislation and judicial practice. This part mainly includes two aspects: one, through the analysis of current legislation of our country involved in the divorce damage compensation system of the relevant laws and regulations, the defects of current legislation of our country should be improved by analysis. Two, puts forward the judicial operation countermeasures. In the judicial practice of litigant request, it is very difficult to get the court supports,. To investigate its reason and carry on the analysis, the difficulties lie here that proof collection, scope confirmation and so on.The fifth part is the conclusion. This part summarizes the full thesis.