On The System Of Compensation For Damages Between Husband And Wife In China

Marital damage compensation includes marital damage compensation and divorce damage compensation.China has limited provisions on the divorce damages compensation system in Article 46 of the Marriage Law and Article 1091 of the Civil Code(Draft)Marriage and Family(Draft of December 16,2019).Divorce damage compensation has the problems of narrow scope of compensation obligations,difficult evidence for the parties,and unclear standards for the amount of mental damages.Marital damage are common in marriage and family life,China doesn’t have a system of compensation for tort damages in marriage,the divorce damage compensation system and the general tort system are both deficient in solving problems related to infringement of marriages.In order to ensure the stability of the marriage,many couples choose to sign a loyalty agreement before marriage,stipulating the consequences that one party in the marriage will have to bear if it breaches its obligation of loyalty.However,our country’s law has not been conclusive in determining the effectiveness of the loyalty agreement,which often results in different judgments in similar cases.This article mainly analyzes the case samples,sorts out the problems existing in the current husband and wife damage compensation system,and draws on suggestions from overseas experience and combined with China’s national conditions to improve our husband and wife damage compensation system.To improve the divorce damage compensation system,a third party can be included in the scope of the subject of divorce damage compensation obligations,reduce the burden of proof of the faultless party,and regulate the formal elements of mental damages.Establish a system of compensation for marital damage including the scope of application,the requirements for establishment and the method of liability.The legal nature of the loyalty agreement and the requirements for its establishment shall be regulated to unify the judicial decision rules for compensation agreed by husband and wife.