Abstract:
In 2001, amendment of the marriage law established the system of compensation for divorce damage, intended to protect the legitimate rights and interests of the no-fault party in marriage. However, after more than 10 years, justice practice indicated that the system produced little effect, because the compensation of divorce damage was too narrow, the boundary of the responsibility party for a fault was limited, the processor of divorce proceedings was too simplex, and so on. To complex the legislation in China, it is necessary that we use the legislate experience in other countries or other districts for reference. Specifically, first, the boundary of compensation for divorce damage should be enlarged, including commit adultery, prostitution, whoring, intemperance, drug taking, gambling, superstition and the like. Second, the no-fault party has the right to get the compensation of the third party that broke the legitimate marriage. Third, the system should apply to the agreement divorce.