Research On The System Of Compensation For Divorce Damage

The system of compensation for divorce damages refers to a system in which the two parties in the marriage relationship have legal fault and the act causes moral or material damage to the other party.In the case of the breakdown of the marriage relationship,the non-fault party has the right to propose compensation to the fault party.This system was added to the Marriage Law,which was revised and perfected in 2001.The establishment of the compensation system for divorce damages,on the one hand,improves the legal system of marriage law in China,on the other hand,reflects the convergence of China's marriage law and international marriage law,and is an important manifestation of China's socialist legal system construction.This article mainly introduces the divorce damage compensation system through five parts.The first part is the introduction,which mainly introduces the background and significance of the topic selection.The second part is the elaboration of the relevant concepts of the system,and in view of the differences arising from the nature of the divorce damage compensation system in China,the final conclusion is that the essence of the divorce damage compensation system in China is divorce damage.The third part through case analysis,combined with the legislative and judicial status quo,draws a conclusion that the current divorce damage compensation system in China has some problems,such as the narrow scope of the subject of rights,incomplete application,the difficulty of proof without fault party and the difficulty of determining the amount of compensation for divorce compensation.The fourth part summarizes the divorce damage compensation system in Britain,the United States,France,Switzerland,Japan and other countries by means of comparative analysis and value analysis.The fifth part combines the advanced legislative experience of other countries with the basic national conditions of our country,and draws the conclusion that further expanding the scope of the subject of divorce damage compensation,expanding the scope of application of divorce claim,clarifying the standard of divorce damage compensation and perfecting the burden of proof are helpful to the perfection of divorce damage compensation system in our country.