On The Perfection Of The System Divorce Damage Compensation In China

The system of compensation for divorce damages refers to the serious material and spiritual losses caused by the existence of illegal acts by one of the parties in the marital relationship,resulting in the complete breakdown of the marriage,In 2001,China formally established this system and fully implemented it,but the system is not easy to implement in the process of application.It is difficult for the non-fault party to obtain corresponding compensation in material behavior through the system of divorce damages.Through a comprehensive and in-depth study on the system of compensation for divorce damages in China,the author puts forward some suggestions on how to improve the system.Man's opinion.The Swiss Civil Code,issued in 1907,is the earliest source of the system of compensation for divorce damages,which belongs to the system of paying certain compensation to the no-fault party in the event of divorce.The system of compensation for divorce damages is a kind of liability for tort damages arising from the serious infringement of the spouse's right of the aggrieved party.The system has the following functions: to compensate the aggrieved party,to comfort the injured party in spirit,to punish and to prevent illegal acts.There are five basic elements in the system of compensation for damages in our country,namely,illegal acts,damage facts,causality,subjective fault and no fault of the right person.The application category of this system is very limited and applies only to the following acts,which are the cohabitation of the matched couples,the implementation of domestic violence and abuse,bigamy and In the case of abandonment of family members,the specific scope of compensation includes compensation for material and mental damage.According to the different position in the divorce proceedings,the time and requirements for the compensation for divorce damage by the non fault party are different.Furthermore,it is worth mentioning that,if the divorce is in the form of agreement,no fault party will be made after the divorce.May separate the relative institution to initiate the divorce damage compensation lawsuit.The system of divorce damages in our country is not perfect,and there are still many problems,such as: the subject of claim and the subject of compensationobligation are too narrow,there are not many applicable cases,it is difficult to determine the amount of compensation and whether the fault party is difficult to prove,and so on.There are still many problems in the system of compensation for divorce damages in our country,but it is not perfect enough.In order to bring it into full play in judicial practice,this paper puts forward the following suggestions for perfecting the system.Firstly,the scope of the system should be widened and the subject of right should be changed from the no-fault party to the aggrieved party.In addition to the injurious party,the third party should also bear the corresponding liability for compensation for marital damage when the third party intentionally infringes on the marital rights and interests.Secondly,the scope of application of the system should be widened properly,and illegal acts such as adultery and drug use should be included in the scope of application of the system.Third,the standard of compensation for divorce damages should be given.Clearly,draw lessons from the foreign advanced judicial and legislative experience in the legislation clearly stipulated that divorce damages should be considered by various factors and relevant calculation methods.Fourth,the burden of proof system needs to be improved,such as reforming the method of obtaining evidence,reducing the difficulty of proof of the injured party and so on.