Research On The Empirical Analysis Of Compensation System Of Divorce Damages

Compensation for divorce damage is a system of right relief to the injured party in the marriage relationship,the aim is to reduce the injured party's loss of material and spiritual,the nature is a kind of typical rights relief system.One of spouses'infringements on the other's legitimate right which leads to the breakup of the marriage will bring the injured party material or immaterial harm,among which spiritual damage is immeasurable.Therefore,the injured party has the right to claim for damage.As is known to all,protecting the weak and embodying equity are the most important principles in the law of marriage in China,the divorce damages compensation system is obviously the construction and operation to the two principles.The revised Marriage Law of the PRC has promulgated with effect from 28th April,2001.In order to implement the compensation system of divorce damages established in the chapter Rescue Measure and Legal Liability,since then,many scholars in legal theoretical field wrote articles to discuss the law application of the compensation system of divorce damages.Seen from the judicial reality,the legislative rules are too principle and there are a series of unsolved problems during judicial operation,this paper will analyze some prominent questions appeared in marriage and family laws and juridical practice both at home and abroad,from the perspectives of both legal theory and juridical practice by adopting research method of comparative jurisprudence.It will also propose the specific suggestions of the compensation system construction of divorce damages.The compensation system of divorce damages in China should focus on judicial fairness in real life and set up a six-level guarantee system.First,from the aspect of burden of proof and regulation,the people's court should provide clues to obtain evidence actively,reversion of burden of proof should be carried out.The aim is to prevent illegal activities and achieve the goal of establishing the compensation system of divorce damages;Second,from the aspect of compensation for divorce damage application,protecting the weak and embodying equity should be refleted,the scope of faulty behaviours should be expanded,the common illegal acts with serious results should be included as damages in order to improve the original purpose of the compensation system for damages;Third,from the aspect of moral damage,monetary compensation of mental damage should be established to obligees' determination of safeguarding their own spiritual interests according to the law;Forth,from the aspect of amount of compensation for divorce injury,the level of compensation for material damage and moral damage should be identified to ensure the rights of the innocent party materially;Fifth,from the aspect of subject of rights and obligations in compensation relation for divorce damage,it should be defined the concept of "innocent" party to prevent infringement of spouse's legal rights;Sixth,from the aspect of aging for divorce damage application,from protecting the interests of the injured party and the coordination between the law-angle,we suggest that the no-fault party in knows or should know that his rights from the date of the affected groups within one year,Still can put forward a divorce damage compensation.