Research Of Compensation For Divorce Damage Institution In China

Marital relations since ancient times is an important part of social relations,the stability of the marriage relationship to the happiness of the family,is related to social harmony.In recent years,with the development of the society,the improvement of economic level,people gradually open,Casual sex with others,the phenomenon such as domestic violence also appear constantly,the divorce rate is rising year by year.In order to adapt to social development new situation,the revised "marriage law" in 2001,joined the divorce damage compensation system In order to better protect the lawful rights and interests of the no-fault party,The system in the judicial practice,however,there are a lot of problems,needs to be improved.This paper prepared from the concept of divorce damage compensation system as the breakthrough point,through to the divorce damage compensation system composition,the introduction of history,meaning,as well as to the scope of legal divorce damage compensation system in the part of the comparison and analysis,aiming at the existing defects of divorce damage compensation system in our country,puts forward proposals for perfecting.This paper is divided into four parts:The first part is the summary of divorce damage compensation system in China.In this part puts forward the concept of divorce damage compensation system,constitutive requirements,history,nature and significance of system in this paper,the basic concepts of the system.The second part is the comparison research of divorce damage compensation system.In this part,the author mainly analyzes in the field of divorce damage compensation law is relatively perfect national legislative analysis,such as France,Britain,the United States,Germany,Japan,etc.,research in China and these countries in the lawmaking of divorce damage compensation system similarities and differences,and claims take its essence,in the outside of the content of the divorce damage compensation system in our country is beneficial to the rational reference,The third part is the defects existing in the current system of divorce damage compensation in our country.In this paper,the author focuses on the flaws of the divorce damage compensation system in our country.One is in accordance with the provisions of the "marriage law" forty-sixth,applicable to the case of divorce damages only four,the scope of application is too narrow.The two is the divorce damage compensation liability subject scope is narrow,the law of unilateral fault rupture couples,marriage and family relations at the time of divorce,the innocent party for the loss by the party at fault shall bear civil liability for compensation,which ignores the shall be borne by third and the breakdown of marriage relationship of the third responsibility.Three is the difficulty of the proof of divorce damage compensation.Four there is no clear standard,it is difficult to determine the specific amount of damage compensation.The fourth part is the suggestion of perfecting our country's divorce damage compensation system.It is to expand the divorce damage compensation applicable scope;Second,expanding the divorce damage compensation liability subject;Three is to perfect the divorce damage compensation rules of evidence;Four is strictly defined standards of compensation for mental injury.