On The Perfection Of The System Of Compensation For Divorce In China

Although China's economy has been seeing a rapid development since the reform and opening up,the unevenness of development between urban and rural areas and between the east and the west is very obvious,which has led to significant differences among people of different age groups on their world views,values and views of life as well as among people of different regions on their ways of thinking Such differences have brought many problems confusing the daily communication of people,one of which has shown itself in family life as the sharp rise of divorce rate,especially in big cities.It is held traditionally that divorce is shameful and the relationship between husband and wife is a family affair,which is beyond the jurisdiction of the public sphere.However,with the development of the economy and society,the scope of the public sphere is constantly expanding.In order to better adapt to the development of society and protect the legitimate rights and interests of the vulnerable party in marriage,China's 2001 amendment to the Marriage Law has added a system of compensation for divorce damage.However,the judicial application of this system has been unsatisfactory for more than a decade with two problems in the judicial practice of the system : one is that few people sue to claim such compensation and the other is that the few victim's rights and interests are fully protected.The two problems have caused certain controversy in the theoretical and practical law circles.It is necessary to have a further study to rethink aboutthe whole process of the divorce fault damage compensation system.This article is divided into four parts:The first part is an overview of the compensation system for divorce damage in China.By introducing the basic concepts and connotations of divorce damage compensation,the paper analyzes the historical evolution of development as comprehensively as possible,and sorts out the context and foundation of the development of divorce damage compensation system in China.The second part introduces the current situation of China's divorce damage compensation system,mainly the relevant provisions of the legislation and the situations encountered in judicial practice.The main problems and shortcomings of the existence are analyzed.First,the scope of application of damages is narrow.Second,there are fewer subjects that can be compensated.Third,it is difficult to prove the evidence.Fourth,it is difficult to determine the amount of damages.The third part is a comparative study of the system of compensation for divorce damages.Through the introduction of the provisions on the compensation system for divorce damage in France,the United States and Japan,the paper analyzes the similarities and differences between these regulations and the relevant laws and regulations of China,and through analysis and comparison,strives to draw some reference for the legislative direction of China.The fourth part analyzes the contents collected by the full text,and proposes targeted amendments to some unreasonable or missing aspects of the current laws and regulations.The first is to broaden the scope of application of the system for compensation for divorce damages.The second is to appropriately expand the main body of compensation for divorce damages.The third is to improve the evidence and certification rules for the system of compensation for divorce damage.The fourth is to strictly determine the standard for compensation for mental damage.