Comparative Study On The System Of Compensation For Divorce Damage On Both Sides Of The Taiwan Straits

The research object of this paper is the system of divorce damage compensation, because I come from Taiwan, so the study object of this article is specific to the sides of the divorce damage compensation system, this paper tries to common problems of the system of compensation for divorce damage, the comparison and analysis to divorce damage on both sides of the Taiwan Straits in many aspects of the compensation system, and provide useful material the reference to the system construction, the marriage law, in terms of legislation or the idea of system, to a certain extent can be made insightful comments system in marriage law, divorce damage compensation, push to improve the real marriage law in China.The first chapter mainly talks about the theory and practice of the value, methods and ideas and the use of the.The second chapter is the basic connotation of the system of compensation for divorce damage. This paper thinks, the system of compensation for divorce damage is restricted to one spouse because of the fault behavior, illegal infringement related legal right of spouse based on the identity of spouse enjoys, leading to marriage breakdown, the legal system of one spouse may request compensation for the property damage and mental damage civil aspects. This paper identified the nature of the divorce damage compensation system of China should be tort liability. This paper also analyzes the establishment of the system of compensation for divorce damage functions, including the legal function, social function and moral function. The paper also points out that the characteristics of the system of compensation for divorce and elements, several characteristics including the main have special requirements, litigation and aging special restrictions, specific divorce reasons, only the imputation principle etc.. Elements, illegal behavior, damage fact, causality, subjective elements are the four parts of the divorce damages compensation.The system of joint point of the third chapter mainly analyzes the sides of the divorce damage compensation system and difference. On common ground for divorce damage compensation, both sides have made separate regulations, basically the same as the scope of compensation, the civil liability of the same way. The differences, the divorce damage compensation scope, compensation is suitable the concrete situation, the right to request compensation for the subject of right, obligation of compensation subject, compensation, payment of alimony on for third people, problems are very different.The fourth chapter main intention is to improve the legislation of Taiwan to the mainland by reference to legislation of divorce damage compensation system. Specific measures are the legal situation of expanding the divorce damages, to expand the scope of subject of divorce damage compensation, civil liability provided for third terms, reconstruction of divorce damage compensation claim the inheritance or conveyance and improve the divorce damages the limitation of action.