Research On Legal Problems Of Divorce Damages

The divorce damage compensation system is an important system stipulated in the Marriage Law,which has the functions of filling the victim's losses,punishing illegal acts and preventing illegal acts.Discipline is the means,and maintaining family harmony and social stability is the goal.This article uses the empirical research method to enumerate the real cases in practice.Through the analysis of the cases,it finds out the problems in the application of the system in practice,and draws on relevant legislation from outside the country to propose reasonable and perfect suggestions.The first chapter analyzes the controversial focus of the case with three real cases as the starting point.Through the focus of the dispute,the following thoughts are raised:How should the nature of divorce damages be determined? Consistent with responsibilities arising from loyalty agreements? Are third parties out of wedlock liable?Does the scope of divorce damages need to be expanded? And how to improve the system of proof of divorce damages?The second chapter is the types and legal nature of marital damage.It analyzes the tort liability in the four statutory situations stipulated in Article 46 of the Marriage Law,the tort liability in the marriage tort,the breach liability in violation of the husband and wife loyalty agreement,and the situation where the tort liability and breach liability are in conflict.The special liability for damage to divorce is analyzed.The third chapter analyzes the constituent elements of the liability for compensation for divorce damages.Due to the nature of the divorce damages liability,it needs to be classified according to the situation,that is,the two situations based on the tort liability arising from divorce damage and the liability for breach of contract based on the loyalty agreement.The constituent elements should also be classified and discussed.Analysis of the identification rules and suggestions for the narrowness of the subject of infringement and the limitations of infringement.The fourth chapter analyzes the burden of proof of divorce damages.Firstly,it analyzes the general provisions of the burden of proof of divorce damages compensation,secondly analyzes the reasons for the difficulty of proof of divorce damages compensation,and finally proposes the refinement and improvement of the rules of proof of divorce damages compensation.