Research On Perfercting For The Divorce Damage Compensation

The divorce damage compensation is to protect the unblamable Party’slegitimate rights and interests and the establishment of system of rights remedy.Although modern society pursue the no-fault divorce, but does not mean that the faultin the result of divorce attempt nothing and accomplish nothing. In some countriesand regions will divorce damage compensation is an important right of divorce reliefway. In order to safeguard the legitimate rights and interests of the injured party, ourcountry in2001"marriage law" amendment to increase the system of compensationfor divorce damage. The establishment of this system is a great progress in ourmarriage legislation, fills the blank of marriage legislation, as a result of fault hurt onespouse provides legal protection basis, reflects the marriage law to protect the weakand the maintenance of social fairness and justice principle. However, as a new legalsystem, after nine years of judicial practice, the divorce damage compensation systemhas been brought out many problems. Due to the design defects and the existingprocess facilities are not in place, the system is not the original intention of legislationfor excellent more victims to bring legal protection for real, also the system initiallyestablished the failure to achieve. In order to apply the system of compensation fordivorce damage, protect the legitimate rights and interests of the injured party, it isnecessary to study the system deeply.This paper uses the method of historical analysis,comparative research method, empirical analysis method to study the system ofcompensation for divorce damage. Through the method of historical analysis, theroots of divorce damages system. In the framework of comparative study of law, thedivorce damage compensation system in different countries and regions werecompared, complement each other, use. Through empirical analysis method, show that the system of divorce damages in judicial practice less, it is necessary to reformthe current system of evidence. The thinking system and institutionalized system ofcompensation for divorce damage in this paper to our country, put forward to perfectthe system of compensation for divorce damage advice. This article first elaboratesbasic theory of the system of compensation for divorce damage compensation system,and makes a comparative analysis on foreign and Macao, Taiwan region of divorcedamage, then the legislation system of compensation for divorce damage analysis andexisting problems, and finally put forward a sound of compensation for divorcedamage.