A Comparative Study Of Divorce Damage Compensation Between China And Japan

With the rapid development of China's economy since the reform and opening up,people's values and ethics have been greatly affected.The form of family and lifestyle have changed.The rate of divorce has increased year by year.And it is an indisputable fact that divorce rate has risen.According to the 2016 social service development statistics bulletin issued by the Ministry of civil affairs,11.428 million couples were registered for marriage in 2016,down 6.7 percent from the previous year,and the marriage rate was 8.3 ‰.In 2016,there were 4.158 million divorce cases and the divorce rate was 3.0 ‰.In 2016,there were 4.158 million divorce cases,an increase of 8.3 % over the previous year,the divorce rate was 3.0 ‰,an increase of 0.2 thousandths over the previous year.From the year 2007 to 2016,the cumulative number of divorces in China reached 30.628 million,a particularly alarming increase of 98.1 percent.The situation in Japan is the same as that in China.The divorce rates continue to rise.According to the latest data released by the Ministry of health,health and labour,635,156 couples were registered for marriage in 2015,with the proportion of remarriage accounting for about 26.8 per cent,a number that indicates that at least one of the newly married couples was divorced.This is the highest divorce rate in Japan since 1952.The reasons for divorce are varied,and the greater the number of divorces in the larger cities,the greater the problem of personal property distribution and compensation.In the " marriage law" article 46 of the divorce damages system made specific provisions,specific provisions of China's divorce damages four kinds of applicable circumstances.This provision provides for the protection of the rights and interests of both husband and wife,and allows the court prosecutor's office to have a legal basis when dealing with cases.In the previous marriage law,one of the spouses received little compensation for damages resulting from ill-treatment or domestic violence,and his or her interests could not be guaranteed at all.The amendment of the marriage law can well protect the legitimate rights and interests of the party without fault.However,in real life,there are many drawbacks.we need to learn from foreign regulations on compensation for damages,and take its essence to remove its dross,so as to improve the divorce damage compensation system in China.