Divorce Damage Compensation System

China’s2001Marriage Law amendment established a system of divorce damages,since the system has been running for more than ten years, the system is indeed acertain extent, safeguard the legitimate rights and interests of the innocent party in themarriage, sanctions innocent party. It can be said, the system of divorce damages tosome extent to achieve the purpose of the system settings. However, in judicialpractice, the system has been repeatedly embarrassed, some problems. In order toexplore the original intention of divorce damages the system was originallyestablished as well as to seek a better operation of the system, this paper, the judicialpractice typical cases, as well as compare the system of the Chinese and foreignhealth analysis to improve our divorce from the reality of our country, damagessystem proposals, hoping to be beneficial to the improvement and development of theuse of this system.The full text of a total of eighteen thousand words about the introduction andconclusion, a total of four parts.The first part is a typical case triggered thinking of divorce damages system isdivided into two levels: First Typical Case Introduction; analysis related issues indispute in the typical case, these issues include divorce damages compensationrequested time period filed for divorce, divorce to determine the standard problem ofthe amount of damages.The second part is the overview of the system of divorce damages theory toanalyze the background of the establishment of the nature of constituent elements.The third part is Divorce Damage Compensation System legislation andComparative Analysis on within and outside the Mainland of China, the legislation,the legislation in the common law system in the United States and Singapore, as wellas the legislation in civil law countries, France and Switzerland and China Macao,Taiwan the relevant provisions of the region, and then on comparative Analysis, the civil law countries and China, Taiwan, Macau, provide for the right to divorcedamages request must be filed in the divorce litigation v.; acknowledged should becompensation for moral damage; divorce damages with the parties whether the law’sfault behavior to determine the rights of the subject and the main responsibility. Andsome states in the United States in the common law countries allow the third party asthe other main divorce damages, and some states in the United States and Singaporehave recognized the "adultery" and can not tolerate the behavior into divorce damagesrange.The fourth part is a combination of the third part of the system less than some,and put forward some suggestions for improvement, to help China better use thesystem. Them to expand the scope of the statutory fault, increase the "third party" forcompensation obligations body, perfect for damages request limitation of actions,divorce specifically quantify the amount of damages as well as damages responsibilitythe way to build a diversified recommendations.