Analysis Of The Divorce Damage Compensation System

In2001, the "marriage law" amendment take divorce damage compensation system intothe adjustment scope of the law for the first time, which had made up for the insufficient ofour "marriage law", then, in order to perform the divorce damage compensation systemcorrectly, Judicial interpretations stipulated some related issues of divorce damagecompensation system additionally. There is no doubt that the establishment of the system hasgreat practical significances not only in perfecting our marriage and family legislation butalso in maintaining the stability of the family. But what we can’t be ignored is that problemswhich is still not solved still exist in the system after more than10years of judicial practice,those problems still remains to be further perfect to make up the defects. Thus in order tomake the system can play its role more effectively, it is necessary for us to rethink and discuson the system and then raise modification suggestions timely. This article has carried on theanalysis of divorce damage compensation system mainly from the following several aspects:The first chapter is the summary of divorce damage compensation system. Mainlyincludes the concept, characteristics, nature, function, value, constitutive requirements, etc.Controversy that existed on the nature of the system is discussed, and I agreed with the tortliability nature.The second chapter has carried on the comparative study of divorce damagecompensation system in domestic and foreign legislative provisions. Lists two legislativemodel, analyzed the different rules of the system in different regions and different countries.In the third chapter, the existing problems on the legislation and judicial practice ofdivorce damage compensation system in China are discussed. Mainly have In-depth analysison applicable situations, the rights and obligations subject, problems of proof, the definitenessof amount.The fourth chapter is about some suggestions to reconstruct the divorce damagecompensation system in China. Mainly includes the following several suggestions: First, thedivorce damage compensation applicable scope should be expanded. Second, the relative advantage prove standard should be adopted and it is necessary to give the legal status toprivate detective. Three, the definiteness of the divorce damage compensation amount shouldhas a specific standards, In addition, the agreement of how to dispose the property in husbandand wife loyal can be used as the basis for determining compensation.