| Our country developed distinctive legal system as many history reason of our Four Legal Regions.Four regional standards for the legislation and judicial practice of Divorce Damage Compensation System is very different, mainly in the statutory grounds for divorce damages, damages applicable procedures of divorce and divorce damages. The paper analyzed Four Region’s difference on the three problem above by comparing legal requirements in relation to the four areas of divorce damages. In the last, it gave legislative improvement proposals some advices in the reference and on the basis of absorbing the mainland legal system of divorce.The paper elaborated on these issues above with five sections.The first part is an introduction, and it pointed out the the source, theoretical significance,practical value, research methods, and the status of domestic and international research of the paper.The second part compared the mainland, Hong Kong, Macau, Taiwan Four Legal Regions statutory grounds for Divorce Damage Compensation System, mainly compared in elements of Divorce Damage Compensation System, Divorce Damage Compensation System request right subject, Divorce Damage Compensation System indemnification obligation main aspects. The same of Four Legal Regions statutory grounds of Divorce Damage Compensation System elements aspects reflected in, One of the parties have implemented a legal offense case, there is no fault;Both cause some damage;There is a causal relationship between the offense and the consequences of the damage;The condition occurs in divorce.The main difference is reflected in the perpetrator subjective fault contents vary, different ranges of damage.In divorce damages request right body, the same points are reflected in Four Legal Regions specified in marriage,"the innocent party" for the right to the request a divorce damages the body.The difference lies in the content of "innocent party" within the meaning of generation.Mainland China generally refers to the one who does not implement one of the statutory four-fault party.Hong Kong is the one who does not implement adultery;Macau is a no-fault party or non-occurrence of the main fault and changes in mental capacity over three years, and its severity can not continue to live with the other party;Taiwan is the injured party, but in non-property damage claims for the no-fault party, that there is no independent reason for the party responsible for the divorce.The main obligations in respect of damages, the same point performance in the Four Legal Regions were the "innocent party" as the main obligations of damages. The difference is that, mainland China, Macau, Taiwan, judge the "innocent party" as husband or wife, while Hong Kong judge implement adultery "third party" as the subject of divorce damages obligations.The third part of is the Four Legal Regions compare of divorce damage compensation applicable procedures,mainly from the time of filing divorce damages and divorce damages applicable procedures.It Pointes out that Four Legal Regions have their own characteristics about filing for divorce in terms of time damages.On divorce damages applicable procedures, they all prescribes that victim may exercise the right to claim damages through divorce proceedings divorce ways to safeguard their legitimate rights and interests.But Hong Kong victims of divorce can only exercise the right to claim damages through divorce proceedings, the victim mainland, Macao and Taiwan regions not only can exercise the right to claim damages through litigation divorce, divorce damages request but also can be achieved by way of a divorce agreement the exercise of rights.The fourth part compares divorce damage compensation standards, noting that the Four Legal Regions include non-property damage (mental damage) into divorce damages range.However, the scope of compensation Macao region contains only one element of non-property damage, and the scope of compensation mainland, Hong Kong and Taiwan, including both mental harm and material damage.Meanwhile, in legislation, the Four Legal Regions all lack of identification of the amount of damages divorce, reference factors to confirm the amount of compensation and clearly definition of compensation paid way.The fifth part is divorce damage compensation system defect and improvement suggestions of the continent.It pointes out that according to the analysis and comparison, there are still some problems in mainland divorce damage compensation system, such as too restrictive claims subject, the range of legal fault reason is narrow and the applicable socope of damages compensation is not clear. So the paper learns from the advantages of the divorce damages system of the other three regions and then it proposes to relax the claims subject, expand the scope of the fault behavior, clear onus and reasonably assurance the amount of compensation and other content. The sixth part conclusion, pointes out that this article only comparative analysis the Four Legal Regions divorce damages regime statutory grounds, applicable procedures, compensation standards. And put forward a sound legislative proposals mainland China divorce damage compensation system, while there are still many issues to be resolved. |
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