Study On Compensation System Of Divorce Damages In Our Country

The family is the smallest social unit. It plays an important role in our society. In the field of marriage and family, people are longing for love and the happy marriage. But western values and the various social forces are making people’s concept of marriage and behavior more and more diversified. With the great progress of our country, the rate of divorcement is getting higher and higher. Compensation System of Divorce Damages refers to the innocent party has the right to get compensation because of the party at fault’ infringing acts when they get divorced. It is the new divorce relief system added to "The marriage law" and fills the gaps in marriage and family law in our country. It is a big step forward in the legal construction of marriage. The injured party has the right to get compensation brought from damages. The injured party has the right to get compensation brought from damages. This reflects the principle of modern marriage and family law. The weak are endowed with specific legal basis to seek relief. It can give peace and stability to our society and marriages. However, there are many difficulties in Compensation System of Divorce Damages and its practical operation. This paper focuses on the system of compensation of divorce damage by making a detailed analysis to find the way to make the system more useful and more perfect. This thesis is divided into four parts.In part one, the paper focuses on the system’s basic theory including the concept, the characteristics, the function, nature and so on. Then it discusses its values form different aspects.In part two, the paper does researches on current establishment of foreign and domestic systems of damage compensation for divorce and makes comparisons. We can get lots of experiences from foreign countries.In part three, this thesis lists many disadvantages from the perspective of macro and micro aspects about the system of damage compensation for divorce of our country.In part four, this paper analysis the defects of the system in China and puts up with some effective opinions like subject of liability, subject of right,burden of proof and so on to improve the system.With the deepening of the theoretical researches on divorce damage compensation system of China and the development of judicial practice, we believe that the system will be more perfect, and will play its legal functions better.