The Research Of Divorce Damage Compensation

Compensation for divorce damage, is refers in the divorce or after divorce, the innocent party within the limits of the law on divorce fault party shall have the right to claim compensation system. With the rapid development of society, China’s divorce rate is gradually rising, therefore, the reality needs of marriage protected is increasing tough. In this regard, China amended to add the system of compensation for divorce damage to the marriage law in2001, provisions in the legal case, the innocent party to the innocent party liable for damages, also in the wake of the marriage law of the judicial interpretation of this system be improved continuously, the law on marriage, the legitimate rights and interests protection further, make the judicial organ of the relevant case law of a magistrate basis, is China’s marriage family legislation further improvement. But the system relates to some problems in practical application, in the theoretical circles controversial. This paper focuses on the system of compensation for divorce damage is defined by making a detailed analysis, and the circumstances in which the victim can get compensation and other issues discussed, finally combined with the case study of how to improve the system of marriage law in our country, in order to perfect the related system, and better protection of marriage and the interest of the innocent party.