Women's Rights In A Divorce Case Damage Compensation System Research

Marriage is a life contract, including two personal feelings, responsibility, money, human, relatives, and many other aspects. Men and women both parties after marriage from love to the understanding, responsibility and affection, only mutual understanding, equality, caring, considerate, trust respect would make good harmonious marriage life. But with the progress and development of The Times, the real marriage relationship will be influenced by a variety of internal and external factors, which endanger the existence and development of the relationship, leading to an increasing number of divorce case. And existing in our country marriage legislation and relevant judicial interpretations have not completely solve the problem of divorce case middle has, needs through continuous will divorce case presents a variety of situations to summarize, as a perfect marriage of the legislation and judicial interpretation about the divorce the basis of content.Our country in 2001 to the marriage law of the People's Republic of China(hereinafter referred to as the "marriage law") to revise when increased the divorce damage compensation system, in order to fully protect the legitimate rights and interests of marriage no-fault party. The influence of Chinese traditional historical factors, women in the reality of marriage is still in a relatively weak as a whole, are more susceptible to damage during their marriage, they paid a lot in the home, but comprehensive consideration factors of women rarely when the divorce, how in the divorce case maximum protect the legitimate rights and interests of women has become a necessity. A divorce case, however, women's rights in the compensation system in the divorce damage compensation system and there is no separate regulation, so in the specific judicial practice, showing right request body and limited compensation obligation subject scope, using "who advocate who proof" of proof system is difficult to achieve victory, the cognizance of the damage compensation to the lack of specific standards, statutory basis of divorce damage compensation request too little, and many other problems, this leads to women in divorce cases it is difficult to realize their own legitimate rights and interests.Based on this, this article on women's rights in divorce cases damage compensation system as the research object, in order to ensure that selected topic research actual pertinence, before is studied from a real divorce case, through the analysis of the case, understand the divorce damage compensation system, combining with the case and the judgment on women's rights leads to the main problems of the compensation system, for further research on below. Then from the divorce damage compensation system the connotation, nature and significance of three dimensions of basic theoretical analysis. From current divorce damage compensation system and its running situation of the subjects of rights, obligations, compensation amount, relief and the burden of proof and so on analysis the problems existing in the existing regulations. According to the real demand and related basic theory, on the basis of clear basic principle, proposed improve women's rights in a divorce case damages system of five Suggestions: including claims that the exercise of marital damage compensation claims; Clear system request right and liability to pay compensation subject; Perfect the divorce damage compensation legal situation of the request; Quantify the amount of mental compensation for damage in divorce damages; Improve the system of divorce damage compensation litigation evidence of proof.In conclusion, through the study of this article, the author thinks that separate design on women's rights in a divorce case damage compensation system is very necessary, at the same time should also be in the process of the operation of the system to provide a good legal environment and establish corresponding supporting system, so as to safeguard the rights and interests of women in divorce cases to maximize the implementation, and promote the deepening of the research from the judicial practice, and on the whole gradually enrich and development of the concept of marriage and family law system in our country.