On The System Of Compensation For Divorce Damages In The Marriage Law

The divorce damage compensation system,refers to the spouse's fault and to any other party causing physical or mental damage in divorce,the legal system of the party at fault shall bear civil liability for compensation of the injured party.In April 28,2001 China announced the implementation of the "People's Republic of China marriage law" amendment was added in the system,the system is adapt to the current international trend of marriage legislation,and the basic conditions of our country and the status of marriage relationship established.Has a very important significance to establish the system of divorce damages in our country: on the one hand to improve China's legal system of marriage,to meet the urgent need to protect the legitimate rights and interests of the parties divorce under the new situation,clearly the rights and obligations of marriage in the marriage and family relations for both parties,effectively inhibit bigamy,domestic violence,abandonment and other illegal acts,to maintain family harmony and stability;on the other hand,connected with the international family law,to adapt to the international environment legislation,improve the legislative level of our marriage.However,because of the divorce damage compensation system of our country started late,coupled with China's situation is more complex,the divorce damage compensation system of our country whether in legislation or in the judicial practice there are still many deficiencies.For our marriage legislation and judicial practice there are a lot of research content and perfect space.This article mainly from four parts to the divorce damage compensation system in our country are discussed.First,an overview of the system of divorce damages in our country,a comprehensive introduction to the origin,the history of the divorce damage compensation system,analyzes the legal nature,characteristics and elements.The specific content of the system of compensation for divorce damage learning system,clear the scope of regulation system.Secondly,comparative study of divorce damage compensation system for divorce damage compensation system of our country and other countries and regions.Through the comparative analysis method,case study method,the system of divorce damages in China compared with Japan,China's Taiwan,France,the United States of the divorce damage compensation system.The system of divorce damages in our country,respectively from the two aspects: the legislation and the judicial practice on the line analysis.Analysis of the status of legislation,mainly from the law of our country,study the details of the "marriage law" article forty-sixth.The analysis of judicial practice is mainly to collect data from the Chinese judgment documents online,on China's people's court accepted the divorce proceedings in the case of this case of divorce damages and damages for the actual situation analysis,obtains our country divorce damages system in a series of problems in the judicial practice in the application of.Then,respectively,according to the relevant legislation of countries or regions of the court in the judicial practice of the judgment of the case analysis,the difference between learning system in different regions in the legislative and judicial practice,analyzes the different points of their own,compared.Then,with the second part,the specific content analysis concludes that there is on our own system of compensation for divorce damage to the questions.Mainly includes: the system of divorce compensation in China in the subject of compensation,the compensation subject of rights is limited to the innocent party,the compensation duty subject only to the party at fault,there is absolutely the case.The standard of compensation is not clear,the mental damage in the judicial practice of the amount of compensation gap.The scope of compensation limit of four kinds of circumstances stipulated in China's "marriage law" article forty-sixth,obviously too narrow,has been unable to meet the current needs of our society.There is a proof of principle compensation for divorce damages in China,the "who advocates,who the burden of proof,resulting in fault in the case of the trial difficult burden of proof.Finally,put forward the system of divorce damages in our country and some suggestions.For example,to further expand the scope of the system,expand the scope of compensation,the system not only for the four scenarios are clear in 2001 "marriage law" article forty-sixth.Expand the compensation claim subject and compensation duty subject,the "third" into the main obligations of divorce damages.And the divorce damage compensation system of the burden of adjustment,the appropriate use of burden of proof.