On The Perfection Of Judicial Applicationg Of Divorce Damages Compensation In China

The author is engaged in the civil trial work in front-line courts,trying a large number of Civil(family)cases,and found that in divorce cases,one party is hurt by the other party(physically or emotionally)very common,which often leads to the emotional breakdown of the parties and the dissolution of marriage.As a legal professional,a judge,how to protect the rights and interests of each party in the marriage relationship,protect the interests of vulnerable groups,make the family and marriage relationship of Chinese citizens in a harmonious,stable,legal,civilized and reasonable state,guide the whole society to form a good,standard and correct concept of marriage and family,prompts and requires us to study the compensation for divorce damage relief system;The divorce damage compensation system is a kind of relief procedure and relief system.When both parties divorce,they can make up for the weakness of the weak party(usually the no fault party)and make up for the damage by requiring the fault party to bear the responsibility.This system plays an important role in the trial of marriage and family cases,and it is of great significance to safeguard the interests of the vulnerable party in marriage.With the rapid development of our country's economy,the social value judgment standard for different things is no longer single.Marriage,as an important aspect of social life is bound to be deeply affectedand the changing circumstances will seriously affect the marriage stability and family harmony of Chinese citizens.At present,modern citizens' awareness of safeguarding rights is increasing,and the awareness of the rule of law is gradually improving.It is a common cognition and choice to regulate their own behaviors with contracts and laws,and to safeguard their own interests.Therefore,more and more people have recognized the marriage guarantee as a “firewall” of marriage.In the past,there have been similar attempts by couples in China,but it is not common,or very few couples restrict each other's behavior and safeguard their own interests through the form of marriage guarantee.However,with the development of economy and the innovation of society,people gradually realize that the marriage insurance certificate is an effective solution to the problem.Many scholars have different views on it.The author thinks that the marriage guarantee is a stable way of marriage,which does not use the power of national law,but can achieve better social effect with the least power consumption through the way of private relief.Through the restriction of the couple's improper behavior,they promise to each other and express their good will to maintain the marriage,which has always achieved the goal of the harmonious marriage and stability.At the same time,this way or method can also provide guarantee and help for the innocent party,the promised party and the vulnerable party when the marriage goes on disintegration.Because of the characteristics of marriage insurance certificate,we should analyze how to give full play to its advantages and avoid its disadvantages.The guarantee within marriage and the compensation system for divorce damage have similar characteristics.Their purpose and starting points are the same.However,compared with the two,the marriage bond has its own advantages and disadvantages.Therefore,this paper will also study the relationship between the marriage bond and the divorce damage compensation system,and how to give full play to the advantages of the two systems and methods,so that they can protect the interests of the weak and maintain the stability of marriage and family.This paper discusses the divorce damage compensation system in China through several cases,from the basic concept,characteristics,legal application,existing problems and how to improve the divorce damage compensation system.At the same time,it discusses the marriage guarantee closely related to the divorce damage compensation system.It is hoped that after the establishment of the divorce damage compensation system and the marriage internal insurance certificate,they will be continuously strengthened and improved in practice.After getting a good operation and good feedback,they can promote the progress and improvement of our civil law and marriage law.