Research On The System Of Divorce Damage Compensation

All along,marriage relationship and social relations are closely related,inseparable,stable and harmonious marriage relationship is conducive to the construction of a harmonious society.However,with the continuous development of economy,the progress of the society,people’s ideas are changing,an open mind changes in cheating,abuse,family violence phenomenon such as the frequency of more and more high,the divorce rate is on the rise year by year,to maintain social order,and great impact in the construction of a harmonious society.On January 1,2021,Chinese mainland’s Civil Code came into effect,bringing new changes to the scope of application of the divorce damage compensation system,which better protects the legitimate rights and interests of no-fault parties.However,there are still many problems in the application of this system in judicial practice,both for the parties involved in the marriage relationship and the legal workers.Some scholars in the academic circle have discussed some problems about the system,but they have not been able to comprehensively explore the whole system of the system,and there have been many debates on many issues.Whether in academic theory or in specific legal provisions,the divorce damage compensation system needs to adapt to the needs of judicial practice,more needs to strengthen the operability,so as to protect the legitimate rights and interests of the parties in the process of litigation.In this regard,the divorce damage compensation system on the existing problems and suggestions for improvement,the article through the literature analysis,comparative analysis and other research methods for multi-angle discussion and discrimination.By representing the concept of divorce damage compensation system,constitutive requirements,significance,on the outside and compare the divorce damage compensation system in Chinese Taiwan,the real cases in judicial practice analysis,combined with the case to show the system now in our country the problems existing in the practice,and on the basis of Chinese mainland’s national conditions and specific laws and regulations to perfect Suggestions on the existing problems.To sum up,based on Chinese mainland’s current basic national conditions and the construction of the rule of law,specific provisions should be made in the legal provisions for the problems arising in life.On the one hand,improving the provisions of the divorce damage compensation system can give the faultless party in the marriage enough material compensation,guarantee its actual life,achieve the purpose of spiritual comfort,effectively protect the legitimate rights and interests of the faultless party,and promote social harmony and stability.On the other hand,it can also make judicial personnel have laws to follow,make fair and just decisions,enhance the authority of the law,and promote the construction of social rule of law.