Research On Compensation System For Divorce Damage In China

The system of compensation for divorce damage is intended to fill the damage,punish the wrong party,and prevent such violations of the marriage and family.Article 46 of the 2001 Amendment to the Marriage Law stipulates that in one of the following circumstances,the no-fault party has the right to request damages:(1)bigamy;(2)Person who has a spouse cohabiting with others;(3)the implementation of domestic violence;(4)Ill-treatment and abandonment of family members.In addition to the introduction and the conclusion,the text consists of three chapters.The first chapter is the statistical analysis of the judicial adjudication cases of divorce damages in China.The civil judgment of divorce damage compensation in 2003?2015 years was analyzed statistically.This paper divides the basic situation of the divorce damages case,the parties' claim and the court decision into three index systems and carries on the statistical analysis with 15 tables.The main findings are as follows:the majority of divorce damage compensation are filed by women,accounting for 74.5%;Divorce damage compensation cases mostly occurred in three relatively developed regions,east China,southwest China and south China,accounting for 74%;77.5%of the cases can be settled at the first instance;There are various reasons for prosecution,and 43%of the reasons for prosecution were not included in the legal reasons for divorce damages compensation;The amount of compensation for divorce damage compensation cases is relatively small,with only 19%of the claims for divorce damage compensation getting support,among which 15%of cases received compensation amounts ranging from 0,000 to 30,000 Yuan.The second chapter is about the main problems of divorce damage compensation system in China.Based on the results of statistics,analyzes the existing problems in China's current divorce damages system from three aspects:the applicable situation,the parties' proof,and the court's judgment.It holds that nearly half of the divorce damages in China's current divorce damages system are based on illegal reasons for divorce damages;Nearly half of divorce damages cases have no evidence;More than half of divorce damages claims did not receive court support and other issues.The third chapter is about the perfection of divorce damage compensation system in China.In order to solve the problems existing in the implementation of the system of compensation for divorce damages in China,the author puts forward the following four suggestions:first,to expand the scope of application of divorce damage compensation;second,to increase the third party in the subject of the obligation of compensation for damages;third,moderately reducing the burden of proof of the innocent party;fourth,it puts forward some factors that should be taken into consideration when establishing the amount of compensation for divorce damage.The establishment of compensation system for marital damages may be considered.