Foreign Divorce Damage Compensation System and Its Inspiration to Our Country

Abstract

The divorce damage compensation system refers to the breakdown of the marriage caused by the bigamy, cohabitation, domestic violence, abuse and abandonment of the spouse. An innocent party is a system of claiming damages from the guilty party. Divorce damage compensation is an important legal system in China's marriage law. This paper first expounds the definition of "damage" in the divorce damage compensation system in China, analyzes the nature and significance of divorce damage compensation, expounds the constituent elements of divorce damages compensation, examines the legislation of divorce damage compensation system abroad, and puts forward the inspiration of divorce damage compensation in China. The law should recognize damages for divorce. Evidence obtained privately by the innocent parties. Only in this way, can we effectively make up for the lack of social moral function and the gap of the current criminal law system, safeguard the normal marriage and family relations and the legitimate rights and interests of the parties, and better deal with the complex situation in the field of divorce in China.