| Damage compensation was stipulated by the amendment of the Marriage Law in 2001. The brand-new system absolutely improves the relief system in our Marriage Law. Although the exposition of damage compensation has just a few words , its significance is far-reaching. It shows the law's protection to the victim of the couple. But in the process of utilizing it and legal practising, some detailed problems in damage compensation gradually appeared. Based on these, the essay discusses the system of damage compensation in Marriage Law. It includes four parts.Firstly, the essay analyses some different pointviews about the concept and natures of damage compensation, and summarizes the author's pointview to the concept of damage compensation .Then the essay discusses the classification of damage compensation in civil law and four compensation principles.Secondly, the essay analyses the realistic significance in utilizing damage compensation in Marriage Law. According to summarizing domestic and foreign historical damage compensation data in Marriage Law, the essay explains the historical process of damage compensation in Marriage Law. It also analyses the realistic background and the present situation about marriage damage compensation in our country.Thirdly, the essay gives its pointview about the question" Should consortium be established in our country?", which is discussed a lot in the law at present. The essay's answer is " yes" and it prescribes the detailed contents of consortium. Based on these, the essay discusses the damage compensation in renouncing an engagement, the period of marriage existing and divorce respectively. The essay uses some typical cases to analyse the present situation and the existing problems in three periods of damage compensation. The essay also discusses mental damage compensation as one section because mental damage compensation is usually not valued in our present law.Finally, the essay points out some pointviews and advice to damage compensation in Marriage Law. |
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