Research On Legal System Of Divorce Damage Compensation

For a long time,marriage relationship is an important part of social relations,closely related to social relations,closely linked,with the progress of society,people’s ideas have been rapid development,derailment,abuse,domestic violence and other phenomena in real life more and more frequent,which greatly impact the maintenance of social order and the construction of a harmonious society.By 2020,China’s Civil Code has added the bottom-bottom clause and expanded the applicable scope of divorce damage compensation system,which reflects our emphasis on protecting the rights of the innocent party in divorcing couples,and also makes divorce damage compensation system better improved.However,since the implementation of the Civil Code,there are still many problems in the judicial practice of this system,and the application of the pocket clause has not achieved immediate results.In judicial practice,there are still two completely opposite application situations in the understanding and application of the pocket clause.One is to restrict the application of the pocket clause,and strictly follow the provisions of Article 46 of the original Marriage Law.The other is that the application is too broad,so it is very necessary to make a corresponding explanation to the provisions of the cover.In addition,the scope of compensation is too wide or too narrow,the subject is single,and the amount of compensation is low,which are also the long-term difficulties in judicial practice to protect the rights and interests of the innocent party.In order to better protect the rights of the innocent party in divorce and adapt to the needs of judicial practice,it is necessary to interpret the cover clause of Article 1091 of the Civil Code,improve the divorce damage compensation system,and strengthen its operability.Achieve the unity of legislative purpose and implementation effect.This paper adopts literature analysis,empirical analysis and comparative analysis to make analysis,which is divided into four chapters.The first chapter mainly expounds the concept,historical evolution,legal nature,constituent elements and the function and significance of the divorce damage compensation system.The second chapter compares and analyzes the legislation and characteristics of divorce damage compensation system in several foreign countries and in Chinese Taiwan,and then combines with the actual situation in China to find a worthy reference for our country.Chapter three analyzed and summarized the deficiencies and problems in the legislation and judicial practice of divorce damage compensation system in our country and analyzed several kinds of fault behaviors in judicial practice since the implementation of "Civil Code" and concluded that there are still problems in the judicial practice in our country.The fourth chapter,aiming at the existing problems in the legislation and judicial system of divorce compensation for damage,analyzes the areas that need to be improved,learning from some excellent experiences of foreign countries and Chinese Taiwan,such as clarifying the scope of compensation for divorce damage,the scale when the bottom clause is applicable,adjusting the burden of proof,improving the compensation standard and so on,and puts forward the corresponding improvement suggestions.In order to better realize the legislative purpose of divorce damage compensation system after the implementation of the Civil Code,so as to protect the legitimate rights and interests of the party without fault.