Research On The System Of Compensation For Divorce Damage

The system of compensation for divorce damage is a kind of right relief system, the relief to the no fault party violated husband and wife in marriage rights, give the necessary protection and compensation. Due to the fault of one party cause marital rupture, causing mental and physical damage to the other party, especially the spiritual damage is immeasurable. Therefore, the injured party shall have the right to make a claim for damage. The persecution of divorce compensation system embodying the principles of fairness and the principle of protecting the weak modern marriage and family law, maintain the marriage equality and stability. Promulgated in April28,2001revised "marriage law of the PRC" in "measures and legal liability" chapter established the system of compensation for divorce damage. The "compensation" into law, is an important measure to amend the marriage law, it not only strengthens the marriage law spirit, perfecting the legislation of the marriage law, and finally gives parties clear, can seek legal relief.On the legal provisions of the implementation process of more than ten years, China’s legal theory and judicial practice of many comrades wrote, to explore the application of law concerning compensation for divorce damage, we have many differences on many concrete problems. Differences in the theoretical understanding of the often confusing law enforcement practice, is not conducive to the protection of the legitimate rights and interests of parties, there is a serious loss of law, it is urgent to be China’s relevant departments to make legal interpretation, and to guide the judicial practice.According to the provisions of the system in the legislation is too principle, operation and a series of practical problems unresolved status, from the two angles of legal theory and social reality, to explore the theoretical and practical analysis on the divorce damage compensation system of our country, and the marriage and family law system in a comparative study, especially focus on the system of compensation for divorce damage constitutive requirements, violations of the scope, subject of compensation scope and compensation and other issues, in order to develop system of compensation for divorce damage to the related departments of our country legal interpretation provides reference, provide a reference for the judicial practice work and related legal workers in practical work.