Analysing The Perfection Of Chinese Compensation For Divorce Damage System

The marriage is one of the essential elements in now society.however in ancient Chinesesocial habits, marriage and family’s dispute often handling by their own, infrequentlyassociated with the law. From the country was founded, marriage and family lawdevelopment so far. Its legislation has a big promotion in the quality. In April2001themarriage law of the People’s Republic of the amendment was passed by, has clearlyestablished the divorce compensation for divorce damage system in China. the Article46distinct four illegal activities, and as long as the guilty party’s behaviour is one of the fourkinds situations, no fault party can accord of the terms request divorce compensation fordamage.The Divorce compensation for damage system’s establish do a big favor to disputefamily legal solution and to establish the harmonious society. In2011, Interpretation of theThird Interpretation of Marriage Law(3) of People’s Republic of china has a furthersupplementary provision for divorce compensation of damage system. It act a positive role toconcerned rights and interests of the party and help to construct a harmonious society. Butfrom the view of the judicial practice, the present law can’t efficiently solve a series ofproblems in practice, this makes perfect the system of divorce compensation for damagebecome inevitable.This paper will be divided into preface, text, endnotes three part, of which the textincludes the following content:In the first part, The author firstly expounded the case,through out the case leads to thefollows.In the second part, through the analysis of the cases leads divorce compensation fordamage disputes.In the third part, The author summed up the case of the relevant legislation and thefundamental’s shortage. emphasis on analysis the compensation of divorce damage system’sbasic theory. our country’s divorce compensation for damage in the present legislative systemwere introduced, through the legal analysis finds out the current legislation’s deficiencies, asthe author behind countermeasures to matting. though the case leads out the problems ofcompensation of divorce damage system in China: first proof divorce compensation fordamage is difficult, not fault partie’s legitimate rights is hard to be protected. under who advocat who proof rules the burden of proof is on the week party. no fault party has theburden, which is no doubt will bring to justice unimpartial; Then the author put forward thedivorce compensation for damage system’s scope of application is narrow. Lead to divorcecompensation for the damage situation is varied, but legislation in China only have fourillegitimate activities, its not perfect to protact the injurd party; ultimately the mental ruincompensation lacks the specific provision of law, practicing is difficult to operat. the authoraccording to above problems, establish the corresponding solution countermeasures. Divorcecompensation for damage to the burden of proof problems, the author thinks that inversion ofonus probandi, not only can reduce the burden of proof for the victim,also can balance theparty’s power, laing the foundation for court to make a rational judgment. Furthermore, letjudicial organs appropriatiy intervention in the case’s investigation and evidence collectionprocedures,it plays an important role on find out the truth of the case, can also save thelitigation cost for the parties, avoiding illegal evidence be eliminated. In view of our countrylay only stipulate the four case can get compensation. This may cause the no-fault party lossthe chance to claim. In the paper, author puts forward suggestions to expand the scope of thedivorce compensation for damage to solve this knotty problem. The parties’s loss caused bythe divorce, not only the material aspect. also the spiritual aspect. According to our country’sdamage compensation legislative have some problems. Anther make some suggestions tosolve the problem, countermeasures for cerebral damage compensation cases sentence moreregulations.Improving the Divorce compensation for damage system should mak protect marriageand family as the goal, it give the culpable party sanctions, and the protect no fault party, soas to maintain the entire society communal order of good morals, it has very importantmeaning for the legislation. Author put forward some suggestions and views forcompensation of divorce damage system. To improvement the system, hope to make somemodest contribution for the progress of the marriage law.