The Research Of The Divorce Damage Compensation

In fact, as early as1931, our system of divorce damages was established in the"Republic of China Civil law". And now the damages of divorce in the China’s MarriageLaw and its interpretation are reflected accordingly, and also in2009the introduction ofTort Liability Law plays an important role in the system of the damages of divorce. Butin building of divorce damage compensation system still exist many problems, so itcan’t effectively deal with all kinds of problems and situations. So, we still need forfurther research of this system.This paper will use case class thesis writing methods, the general idea is raisingquestion questions, analyzing the problems, solving problems, to structure this paper.First of all, the author will give four typical cases of divorce damage, andanalyzing the problems of the four cases, so that summarizing in order to discuss thefocus of the problems, namely: the case of divorce damages applicable are less, themain responsibility was too narrow, fault offset principle is excluded, the burden ofproof is unfair and the amount of compensation has a larger difference and so on.The next part of paper is analyzing of the problems, first elaborating thesignificance of divorce damages and description the divorce damage system’slegislative background and legislative status quo. Providing the foundation in order toanalysis and solving problems.In the analysis of focuses, I compared the different views of scholars, analyzed thenecessity of the spouserights; reasonableness of spreading the responsible subjects;weather the principle of fault offset is more propitious to the equity and the feasibility ofthe court to collect proofs.And the last part of the paper offered some feasible suggestion to perfect ourlegislation. For example, we can enlarge the judgement rights of the divorce case todecide whether to support the request; we may perfect our marrige law; and we also canconsider every factor to confirm the compensate sun and let the third person take someresponsibility.