A Research On The System Of Divorce Damage Compensation

Marriage and family relations occupy a very important position in society. Divorce damages compensation system as a marriage and family rights of the innocent party’s relief system, its main purpose is to protect the legitimate interests of the marital relationship in no-fault party. The "Marriage" amendment in2001establishes the divorce damages compensation system, which is a major advancement of marriage and family legislation. This article discusses the issue from the following aspects:The first part is an overview of divorce damages compensation system, which discusses the concept and nature of divorce damage compensation system, explains the function and significance of the system. We define the nature of the compensation system as the tort liability of a strong personal attachment.The second part is the system of foreign divorce damages comparative study. Taking Switzerland, France which are civil law countries, and the United Kingdom, the United States, which are the common law countries, as the example, we describes the existing regulations in different countries. We point out the different national legislation on divorce damages compensation system performance similarities and differences in the institutional form of reparation obligations subject, scope and manner of compensation, etc., helping to improve our system of divorce damages compensation.The third part is a detailed description of our divorce damages compensation system. Including the development of divorce damage compensation system, elements of divorce damage compensation, the obligation to subject the rights of compensation, the compensation range, and demand compensation procedural provisions. Which divorce damages elements include unlawful act, the fact of damage, causation, the perpetrator subjective fault, the fact that the incidence of divorce, the rights of a party no-fault claims.The fourth part is the issue of divorce damage compensation system and countermeasures applicable in the present. At this stage, the system of divorce damages compensation in judicial practice the problems include:the right to divorce damages the main scope is too narrow, the subject of divorce damages obligations is too narrow, divorce damages the fault found is too narrow, spirit damages operability is poor, divorce damages evidence is difficult to proof. We propose appropriate measures as following:First, to broaden the scope of the subject of rights appropriately; second, expand the scope of the obligation of reparation body appropriately; third, Expand fault divorce damages in the range identified appropriately t; Fourth, to further enhance the operability of existing regulations; fifth, reduce no-fault divorce damages the party’s burden of proof appropriately, clear obligations of evidence issued by state organs and social organizations.