The Dilemma And Perfection Of The Compensation System Of Divorce Damages In China

The system of compensation for divorce damages in our country has been paid close attention at the beginning of the system.The purpose of the system is to balance the rights and obligations of each spouse,to prevent evil and promote good deeds,so as to restore the full state of each party's rights and interests.However,in the concrete practice of this system,there are many difficulties for both judges and parties.Some scholars have debated some of the heated issues involved,but the whole system of divorce damages system and many of the issues involved in the discussion has not been comprehensive.In this regard,neither theoretical theory nor legal provisions should deviate from the need of practice.Moreover,in practice,the implementability of the system in the course of litigation and safeguarding the rights and interests of the parties needs to be enhanced.As the superstructure,the system of divorce damages has its independent function,so it should meet the basic needs of society.Moreover,the clear system is conducive to the control of the judge's discretion.In recent years,due to the rapid development of society,more and more new cases of divorce,the legal provisions and their judicial interpretation should make up for their own deficiencies and loopholes.At the same time,it can not be ignored that marriage has a special identity,and that better protection of marriage and the rights and interests of all parties in marriage are essential to promote social order and people's happiness.The report of the nineteenth Congress clearly states that the main contradictions in our society have been translated into contradictions between the growing need for a better life and inadequate and unbalanced development.The development referred to here is various.In advocating the rule of law society today,the perfection of the law itself will certainly promote the overall development.However,the relationship between family members and the stability of marriage,as well as the prevention and punishment of factors that are not conducive to the stability of marriage,will affect the good performance of family functions.This,in turn,has a direct impact on the well-being of people as family members and on the degree of well-being of their lives.It can be said that the members of a married family are an important role that most people can not escape.Thus,although the provisions of the marriage law itself are not onerous,their role can not be replaced by other laws.The consummation of the divorce damages compensation system,which is one of the systems,will certainly help the marriage law to run better.In this paper,through case data analysis,literature analysis,comparative analysis and other research methods,the existing problems and improvements of the system have been discussed and analyzed from multiple angles.These include both the more controversial issues about the subject of the divorce damages system and the amount of compensation,and the new situations that should be included in the application of the divorce damages system,and the suggestions about the defects of the evidence and the improvement of the relevant departments.Among them,marital rape,surrogacy without the knowledge of the spouse,donation of sperm or eggs,fraudulent upbringing and extramarital affairs with the same sex have been more frequent in recent years,but there are not enough cases in our country,there are neither legal provisions nor judicial experience,so these problems will certainly become obstacles to the future operation of the system.At the same time,the article refers to the relevant case law and regulations of various countries,and puts forward some experiences and suggestions which can be used for improving the system of divorce damages.On the whole,our country divorce damages compensation system should be perfected as soon as possible.New developments in practice should be reflected in the law in a timely manner.This is also in line with the basic national conditions of our country at this stage.We should improve the system of compensation for divorce damages as soon as possible,and reflect the new situation in practice in the law.This is in line with the needs of the basic national conditions at the present stage and will promote the harmonious development of society.