On The Compensation System Of Divorce Damage

Marriage is for both men and women in property and the personal and emotional ties and live together in the rights and obligations relations, mutual support, loyalty is the most basic compulsory standards on both sides. In accordance with the law and on the basis of fair liability principle of tort law general law, a party in breach of the obligation to each other causing property and spiritual damage, it shall be liable for damages, the victim shall have the right to demand the innocent party to spiritual consolation and property compensation. This is consistent with the legal justice and fairness of the spirit.The system of compensation for divorce damage is in applying the no-fault divorce system under the premise of generation, the main purpose is to protect a vulnerable side, it is no fault of the party’s legitimate rights and interests of the victims, the victims in the property and spiritual damage compensation.Countries of the world to the current system of compensation for divorce damage are defined, but the use of theoretical basis are not all the same, lead to relevant provisions also exists certain differences, some countries use the default correlation theory, and some countries use tort legislation spirit, such as:Japan, the United States of america. So each country is in the application in judicial practice is also the existence of some differences, such as the Swiss by regular gold way to resolve the compensation liability. But from the current world trend of national legislation, have a tendency to protect the weak and the woman’s rights, which for our system of damages for divorce legislation conception provides very important draw lessons from a meaning, for our country to perfect the legislation of marriage law has an important value for reference.China’s system of compensation for divorce damage is the amendment of marriage law in2001formally established, which constitute our divorce relief system is an important part of. The author mainly aims at the present theory circle pays close attention to generally divorce damage compensation theory, Chinese and foreign legislation, constitutive requirements, applicable condition, body is also discussed. The damage compensation is a kind of special tort damage compensation, is suitable for the principle of equitable liability, is different from general civil tort principles. Because of its main body has the particularity, infringed object also has its particularity, the tort is not only the material property, the greater significance reflected in the emotional and spiritual damage. In the analysis of Chinese and foreign system of compensation for divorce damage and damage compensation system for divorce in China related legal issues, the author to our current system of compensation for divorce damage put forward some improvement suggestions.