Research Of The Compensation System For Divorce Damages In China

In 2001 China's "marriage law" provisions of the revised economic aid system of divorce,the divorce damage compensation system,and divorce economic compensation system,which are the three basic legal relief system provides a legal basis for divorce in our country,the system of compensation for divorce damage by public attention,was widely praised.The establishment of the system reflects China's social progress and the perfection of legislation.With the implementation of the system of compensation for divorce damage,its shortcomings are also apparent,the theory and practice of in-depth study of this system,puts forward some suggestions for improving the system,is of great significance.This article is divided into four parts:The first part is about the basic problems of divorce damage compensation system,including the concept and characteristics of divorce damage compensation,the constitutive elements of divorce damage compensation,and the function and theoretical basis of divorce damage compensation system.The second part is the comparison of the system of compensation for divorce damage in foreign countries and the enlightenment to our country.This article first introduces the continental law countries.Switzerland's "look right" system,the French "compensatory payment system",the German compensation request right system;secondly,introduced the common law countries.The United States "third penalty" rules and the divorce alimony payment system;finally,from the relevant systems in the world,obtains three enlightenment for China,which is the main body of rights and obligations is relatively broad,this time is more reasonable,the scope of the regulations are clear,these provide the beneficial experience for the system divorce damages in our country and perfect.The third part is the main problems of our system of damages for divorce.The divorce indemnity system in China has the following problems: divorce damages limited to four legal cases,narrow the scope of rights;divorce damages,the scope of the main obligations of divorce damage compensation is too small;no specific amount,the amount of the standard is not clear;the divorce damage compensation system is only applicable to the divorce proceedings,resulting in a waste of judicial resources;evidence of divorce damages is difficult,the burden of proof more difficult.The fourth part is to perfect the system of divorce damages in our country.The article thinks,combined with the existing system of divorce damages in our country,on the basis of foreign experiences on the perfection of China's divorce damagecompensation system from the following aspects: increase the applicable legal situation from marriage damages;the expansion of the main rights and obligations the divorce damages;determine the amount of the standard of compensation for mental damage;expand the divorce damage compensation system for divorce;perfecting the rules for the burden of proof for the divorce damage.