Research On The Divorce Compensation System Of China

The system of divorce damage compensation is one of the existing three divorce relief system in China.It also plays vitally important role in legal practice."Marriage law" the provisions of article 46 really has provided a legal basis for the divorce damage compensation,which implemented more than ten years however,will appear an wide range of problems in legal practice,and questions ultimately is the legislative defects.Although is then introduced the relevant judicial explanation,compared with 2001 the history of the new marriage law is a certain progressive significance,in the filed of divorce damage compensation litigation procedure and made more specific provision,greatly enhances the practical operability.But two judicial interpretations have been implemented for more than ten years,in practice,there is a lot of problems.The article uses the method of case analysis papers writing,mainly found the problem,thinking of writing to analyze and solve problems.Research methods mainly use the case study method,documentary study method,comparative study method.Foreword lists the relevant damages in a divorce case of two typical cases,and the cases reflect the combing and analysis of the problem.This paper structure is as follows:The first chapter is on the basic theory of divorce damage compensation system,disscusses the significance of the concept,traits and the,meanings of divorce damage compensation,constitutive requirements and the applicable scope further analysis and explanation,analysis and elaboration of the schematics better and solve the problem.The second chapter is about system of the divorce damage compensation in our country existing inspection,is mainly applicable to divorce compensation for damage situation review;Divorce damage compensation applicable subject examination and insufficient;Divorce damages the burden of proof and deficiency as well as the provisions of the compensation.Concrete is mainly analyzing the disadvantage of current law in our country have rules and place.The third chapter investigates the Japan,the United States,France divorce damage compensation,in order to solve China's divorce damage compensation liability subject and amount of compensation for mental injury problems such as unclear prescribed for reference.The fourth chapter is the part to solve the problem,echo case reflect the problems,some suggestions to complete the system divorce damage compensation system,this part is an important part of this paper.On basis of the third chapter discusses the shortcomings of some suggestions: add six kinds of situations as statutory applicable situations such as a party to defraud units compensation and get married,after obtaining compensation and the behavior of the divorce,one party has behavior such as adultery with others,at the same time add a out terms "other major fault behavior lead to divorce",plus a provision;The children and other family members in the body of the divorce damage compensation claims scope;Conditional to a third party into the divorce damage compensation,clear the main responsibility of the divorce compensation for mental damage compensation regulations and legislation to determine payment method and time limit.