An Analysis Of The Operation Of Divorce Damage Compensation System

In 2001,China added a new system in the amendment of The Marriage Law: the divorce damages compensation system,which has the functions of filling the damage,comforting the spirit and punishing the wrongdoer.The significance of establishing the divorce damages compensation system is mainly to protect the rights and interests of the no-fault spouse in marriage and to maintain family stability.However,since the establishment of the divorce damages compensation system,not only has not been supported by everyone,but has been controversial.There are different theories and theories.Many scholars have proposed that the divorce damages compensation system is "dead in name only",and some scholars even advocate abolishing the divorce damages compensation system.The supporting judicial interpretation of the divorce damages compensation system only makes provisions on the content of divorce damages compensation cases without much dispute in practice.With the social changes in the past two decades,there are more and more factors causing family conflicts.Is the divorce damages compensation system still applicable to today's society? What are the problems in the application of justice? Can it be resolved? With the above considerations,the author takes the current application of divorce damages compensation as the entry point,pays attention to data collection,and studies the judicial operation effect of divorce damages compensation system from the perspective of evidence acceptance criteria and factors affecting judges' determination of damages compensation by combining empirical analysis with theoretical research and comparative research.This paper tries to explore the crux of the unsatisfactory operation effect of the divorce damages compensation system,and puts forward some reasonable targeted measures on the judicial application of the divorce damages compensation system.Through the analysis of some divorce damage compensation cases on the Internet of judgment documents from 2002 to 2018,the author sorted out the data according to different years and different provinces,and at the same time distinguished the different causes of divorce damage compensation,and found that the divorce damage compensation system is not as bad as the "negative theory" said by scholars.In addition,the author randomly selected through online every four years inthe written judgment divorce damage compensation cases and one reading obtained 155 valid samples,found that after all the divorce damage compensation system of judicial application on the following problems: the court approval ratings is not high,the divorce damage compensation amount being paid wide disparity is big,the judge "marriage law" article 46 second expansion applicable legal case,the judge use infringement thinking the divorce damage compensation cases,the judge abused the premise condition of divorce damage compensation being paid.The reasons are as follows: the standard of proof of some statutory situations in Article 46 of the Marriage Law is set too high,the legal situations stipulated are narrow,the subject of compensation for divorce damages is applied only,and there is no clear standard of compensation for divorce damages.These problems can be solved by perfecting the proof system,expanding the application scope of the divorce damages compensation system,increasing the subject of divorce damages compensation,determining the clear standard of divorce damages compensation,and establishing the punishment mechanism of judges.As is known to all,the compilation of civil code is in full fire.I hope that the author's research results and immature Suggestions on the operation of divorce damages compensation system can play a role of reference.