The Research On The Legal System Of Divorce Damage Compensation

High divorce rate has become a phenomenon of modern society which cannot be ignored and caused many social problems, leding to social instability. In order to maintain the stability of the society, The "marriage law" of our country which was revised in 2001 was added the divorce damage compensation system. Divorce damage compensation system refers to that one or both in the relationship of husband and wife do the fault behavior, and the behavior lead to divorce of the couple. Due to the damage caused by the fault behavior for the no-fault party, no-fault party shall have the right to request compensation system in accordance with the law. The significance of this system mainly is to compensate the no-fault party for divorce damage, protect the legitimate rights and interests of the weak party, improper behavior and punish the guilty party, and make him/her pay for the error. The divorce damage compensation system have the effect of legal guidance and behavior warning, in order to eventually achieve the goal of family harmony and social stability. The system reflects the legal fairness and balance function of law.However, due to the legislation of hasty and limitations of social development, there are many incomplete or unfit parts of divorce damage compensation system of our country under the social development and changes. Divorce damage compensation system was set up in western developed countries more than one hundred years ago. The legislation and legal application of divorce damage compensation system are mature after so many years’development which provide valuable reference to our country’s divorce damage compensation system. After analyzing the system of divorce damage of representative countries of different law system, the author summarized beneficial enlightenment to our country in terms of the subjects, constitutive requirements, divorce damage compensation responsibility, damage compensation standards and methods.On the basis of above analysis, the author investigates the present conditions of the divorce damage compensation system in our country and thinks deeply, trying to analyse the existing problems of the system in China comprehensively and explain them in detail, such as the narrow subject of the one who has right to request and the one who has liability of compensation, the legal suitable situation, the time requirement, the system in divorce agreement and lawsuit of divorce is not unified, the no-fault party provids evidence difficultly, the compensation standard is not clear, and the existing four legal situation exists problems of themselves and so on.Refering to foreign legislation experience, after analysing China’s divorce damage compensation system, the author puts forward some feasible suggestions for the existing problems, including defining the subject clearly, broaden the subjects who have right and the subjects who has liability to pay compensation, expand the applicable situation, add legal regulations of the negligence tort liability, extend of time when no-fault party can request the compensation, reduce the evidence requestment for no-fault party moderately, perfect the existing four legal situation and so on. After analysing the existing problems of the divorce damage compensation system in our country, improving an perfecting the system accordingly, it will combine closely with the actual demand of social development in our country, and be widely used in the judicial practice, play betther role in protecting the legal rights and interests of the no-fault party, maintain the stability of the family and the social harmony.